Editor's Note: Ordinance No. 04-12 adopted a new Land Use Ordinance and repealed the former Land Use Ordinance previously contained in the 1967 Code, Chapter 21.
[Ord. No. 04-12 § 21-1.1]
This chapter shall be known as the "Land Use Ordinance of the
Borough of Bound Brook."
[Ord. No. 04-12 § 21-1.2]
It is the intent and purpose of this chapter to encourage action
to guide the appropriate use or development of all lands in the Borough
of Bound Brook, in a manner which will promote the public health,
safety, morals and general welfare, to secure safety from fire, flood,
panic and other natural and man-made disasters; to provide adequate
light, air and open space; to insure that the development of Bound
Brook does not conflict with the development and general welfare of
neighboring municipalities; to promote the establishment of appropriate
population densities and concentrations that will contribute to the
well-being of persons, neighborhoods and the entire municipality as
well as the preservation of the environment, to encourage the appropriate
and efficient expenditure of public funds by the coordination of public
development with land use policies, to provide sufficient space in
appropriate locations for a variety of residential, recreational,
commercial and industrial uses and open space both public and private,
according to their respective environmental requirements; to encourage
the location and design of transportation routes which will promote
the free flow of traffic while discouraging location of such facilities
and routes which result in congestion or blight; to promote a desirable
visual environment through creative development techniques and good
civic design and arrangements; to promote the conservation of open
space and valuable natural resources and to prevent urban sprawl and
degradation of the environment through improper use of land; to encourage
planned unit developments which incorporate the best features of design
and relate the type, design and layout of residential, commercial,
industrial and recreational development to the particular site; to
encourage senior citizen community housing construction; to encourage
coordination of the various public and private procedures and activities
shaping land development with a view of lessening the cost of such
development and to the more efficient use of land; to promote utilization
of renewable energy resources; and to promote the maximum practicable
recovery and recycling of recyclable materials from municipal solid
waste through the use of planning practices designed to incorporate
the State Recycling Plan goals and to complement municipal recycling
programs.
[Ord. No. 04-12 § 21-1.3]
It is not intended by this chapter to repeal, abrogate, annul
or in any way impair or interfere with existing provisions of other
laws or ordinances except those specifically or impliedly repealed
by this chapter, or any private restrictions placed upon property
by covenant, deed or other private agreement unless repugnant hereto.
Where this chapter imposes greater restriction upon the use
of buildings or premises or upon the height of buildings or lot coverage
or requires greater lot area, or longer yards, or other open spaces
than are imposed or required by such private restrictions, the provisions
of this chapter shall control.
[Ord. No. 04-12 § 21-2; Ord. No. 2008-05 §§ 3, 4]
As used in this chapter:
A building or structure on the same lot with and subordinate
to a principal building, occupied or devoted exclusively to an accessory
use. Where an accessory building is attached to a principal building
by a breezeway, roof, wall or the like, such accessory building shall
be considered part of the principal building. The maximum height of
the structure shall be 1Â 1/2 stories or 18 feet, whichever is
less, and it shall not be larger than the principal structure. For
purposes of this chapter, an outdoor storage/cargo container, as defined
in this chapter of the Borough Municipal Code, shall not be considered
an accessory structure.
[Amended 11-14-2017 by Ord. No. 2017-31]
A use naturally and normally incident and subordinate to
the principal and primary use upon any premises.
The Zoning Officer unless a different Borough official is
designated by this chapter or statute.
Any change in the supporting members of a building, such
as bearing walls, columns, facade, beams, girders, interior partitions,
as well as any change in doors, windows, signage, or any addition
to or diminution of a building.
A building or group of buildings situated on one lot and
containing separate dwelling units for no less than six families.
An apartment unit located within an apartment and is comprised
of a private bath, kitchen facilities, and a bedroom.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use or zoning variance.
A facility which is licensed by the Department of Health
of the State of New Jersey to provide apartment-style house and congregate
dining and to assure that assisted living services are available when
needed, for four or more adult persons unrelated to the proprietor.
Units offered at a minimum, one unfurnished room, a private bathroom,
a kitchenette and a lockable door on the unit entrance. The minimum
age for persons in this facility is 62 years of age or older and for
married couples with at least one spouse being 62 years of age or
older.
The open, non-habitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
The use of any building, land area or other premises for
the display and sale or hire of new or used automobiles, motorcycles,
trucks, or recreation vehicles, automotive or parts.
A roof-like covering of canvas, aluminum or other material
attached to a frame supported entirely from a building or other structure.
Having 1/2 or more of its floor-to-ceiling height above the
average level of the adjoining ground. A "basement" shall be counted
as a story if used for business or dwelling purposes.
Architectural fabric displaying artwork or commercial signage
that constitutes a temporary or permanent cover for exterior building
walls with no fenestration.
[Added 12-18-2018 by Ord.
No. 2018-30[1]]
Any building, together with any related structure, accessory
building, any land appurtenant thereto, and any part thereof, which
contains two or more units of dwelling space arranged or intended
for single-room occupancy, exclusive of any such unit occupied by
the owner or operator and wherein personal or financial services are
provided to residence, including any residential hotel or congregate
living arrangement, but excluding any hotel, motel or established
guest house wherein a minimum of 85% of the units of dwelling space
are offered for limited tenure only, any foster home, any community
residence for the developmentally disabled, any dormitory owned or
operated on behalf of any nonprofit institution of primary, secondary
or higher education for the use of its students, any building arranged
for single-room occupancy, wherein the units of the dwelling space
are occupied exclusively by students enrolled in a full-time course
of study at an institution of higher education approved by the Department
of Higher Education, and any facility or living arrangement operated
by or under contract with any State department or agency, upon the
written authorization of the sub-agency.
A structure designed to provide secure storage for small
pleasure boats, canoes and kayaks, which may be owned and/or rented
by members of a boat club or by the public.
[Added 12-18-2018 by Ord.
No. 2018-30]
A large format facade-mounted sign that is part of a branding
campaign for a new building or buildings under construction or undergoing
gut rehabilitation. Branding signs are temporary and shall be removed
no later than one year after the building has been issued a certificate
of occupancy.
[Added 12-18-2018 by Ord.
No. 2018-30]
An area within a property, generally adjacent and parallel
with the property line, either consisting of existing vegetation or
created by the use of trees, shrubs, fences, and/or berms, designed
to continuously limit view of and/or sound from the site to adjacent
sites or properties. The type of buffer shall be determined by the
Board based on effectiveness of the buffer. Buffers that are comprised
of fencing shall be solid fencing, finished side facing outside the
premises with landscaping outside the fence.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
A business regulated under N.J.A.C. 17: 30 by the New Jersey
Cannabis Regulatory Commission or its successor and shall include
the followin :
[Added 7-13-2021 by Ord.
No. 2021-017; amended 6-28-2022 by Ord. No. 2022-17]
A business regulated under N.J.A.C. 17:30 by the New Jersey
Cannabis Regulatory Commission or its successor, and shall include
the following:
[Added 3-22-2022 by Ord.
No. 2022-01]
Class 1: cannabis cultivator license, for facilities involved
in growing and cultivating cannabis.
Class 2: cannabis manufacturer license, for facilities involved
in the manufacturing, preparation, and packaging of cannabis items.
Class 3: cannabis wholesaler license, for facilities involved
in obtaining and selling cannabis items for later resale by other
licensees.
Class 4: cannabis distributer license, for business involved
in transporting cannabis plants in bulk from one licensed cultivator
to another licensed cultivator, or cannabis items in bulk from any
type of licensed cannabis business to another.
Class 5: cannabis retailer license, for locations at which cannabis
items and related supplies are sold to consumers..
Class 6: cannabis delivery license, for businesses providing
courier services for consumer purchases that are fulfilled by a licensed
cannabis retailer in order to make deliveries of the purchased items
to a consumer, and which service would include the ability of a consumer
to make a purchase directly through the cannabis delivery service
which would be presented by the delivery service for fulfillment by
a retailer and then delivered to a consumer.
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
[Added 7-13-2021 by Ord.
No. 2021-017]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which, after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
[Added 7-13-2021 by Ord.
No. 2021-017]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
[Added 7-13-2021 by Ord.
No. 2021-017]
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 7-13-2021 by Ord.
No. 2021-017]
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 7-13-2021 by Ord.
No. 2021-017]
A business regulated under N.J.A.C. 17:30 by the New Jersey
Cannabis Regulatory Commission or its successor, and that has no more
than 10 employees, occupies no more than 2,500 square feet of gross
leasable area, processes no more than 1,000 cannabis plants per month
or 1,000 lbs. of dry cannabis products per month, and, for wholesaler
and retailer licenses, processes no more than 1,000 lbs. of cannabis
products per month.
[Added 3-22-2022 by Ord.
No. 2022-01; amended 6-28-2022 by Ord. No. 2022-17]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
[Added 7-13-2021 by Ord.
No. 2021-017]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Added 7-13-2021 by Ord.
No. 2021-017]
A story partly above grade level, having more than 1/2 of
its floor-to-ceiling height below the average level of the adjoining
ground. A "cellar" shall not be used as a dwelling unit.
Changes of use and shall also include any change of the use
of a building regardless of whether the new use is also permitted
in the same zone.
Any facility which is maintained for the care, development
and supervision of six or more children under the age of six, who
attend the facility for less than 12 hours a day and which offers
such programs as day care centers, drop-in centers, recreation-type
centers sponsored and operated by a County or municipal government,
centers serving mildly sick children, centers that had not been licensed
by the New Jersey Department of Human Services prior to the enactment
of the Child Care Center Licensing Act of 1984, day nursery schools,
play schools, cooperative child centers, centers for children with
special needs, infant-toddler programs, employed related centers,
and/or kindergartens that are not an integral part of a private educational
institution or system offering elementary education in grades kindergarten
through sixth. A Child Care Center shall not offer programs operated
by a public or private day school of elementary and/or high school
grade, special activity programs for children, youth camps, and/or
religious classes.
An application form completed as specified by this chapter
and the rules and regulations of the municipal agency and all accompanying
documents required by ordinance for approval of the application for
development including, where applicable, but not limited to, a site
plan or subdivision plat; provided that the municipal agency may require
such additional information not specified in this chapter, or any
revisions in the accompanying documents, as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
by the municipal agency.
A rough sketch map of a proposed subdivision or site plan
of sufficient accuracy to be used for the purpose of discussion and
classification.
A use permitted in a particular zone district only upon a
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter, and upon the issuance of an authorization
therefor by the Planning Board.
A temporary sign of printed architectural fabric covering
all or part of the facade of an existing building undergoing gut rehabilitation,
or of a new building under construction, and which is removed once
the building has been issued a certificate of occupancy.
[Added 12-18-2018 by Ord.
No. 2018-30]
An enclosed, designated space within a Class 1 cannabis establishment,
whether or not it constitutes a cannabis microbusiness, that is set
aside for the purpose of on-premises consumption of cannabis products,
and that meets or exceeds the Borough's standards for internal and
external ventilation.
[Added 3-22-2022 by Ord.
No. 2022-01]
The development of a residential living unit to provide lodging
and nursing, medical or other health-related services at the same
location or another location to an individual pursuant to an agreement
effective for the life of the individual or for a period greater than
one year, including mutually-terminable contracts. Independent living
units shall be provided in addition to meeting room areas, medical
and other support facility areas, such as recreation facilities, on-site
service shops, and other ancillary services customarily accessory
to the customary principal permitted use. The facility shall have
received a certificate of authority pursuant to the continuing care
retirement community regulation and financial disclosure act, N.J.S.A.
52:27D-330, et seq.
An enclosed, designated space within a Class 1 cannabis establishment,
whether or not it constitutes a cannabis microbusiness, that is set-aside
for the purpose of on- premises consumption of cannabis products,
and that meets or exceeds the Borough's standards for internal and
external ventilation.
[Added 6-28-2022 by Ord. No. 2022-17]
A change in use of land or a structure.
A residential building in which at least 10 dwelling units
are owned or rented by a single corporation in which only one resident
of the unit and the spouse may reside in the unit for no more than
12 months and must be a full-time employee of the corporation. Ten
percent of the corporate housing units located within a single structure
may be used to provide temporary housing for an invited guest of the
corporation. The invited guest may reside in the unit for no more
than seven days in a calendar year. Each residential unit must be
at least 1,000 square feet.
Calendar days.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development including the
holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure and any
use or change in the use of any building or other structure, or land
or extension of use of land, for which permission may be required
pursuant to the Municipal Land Use Law or this chapter.
A master site plan for review and approval by the Planning
Board showing the general location and distribution of the uses for
the tract, their inter-relationship, the potential subdivision into
lots and the phasing of the development. The Development Plan may
be amended from time to time with the approval of the Planning Board.
The removal of surface water or groundwater from the land
by drains, grading or other means such as retention or detention basins,
including control of runoff to minimize erosion and sedimentation
during and after construction or development and means necessary for
water supply preservation or prevention or alleviation of flooding.
The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse, for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes.
A unit comprising living accommodations designed and used
for occupancy by only one family.
A restriction established in a deed or duly recorded instrument
or a duly recorded or filed map to permit the use of land by the public,
or by particular persons, corporations or other legal entities for
specified uses.
One or more individuals not necessarily related by blood,
marriage, adoption, or guardianship living together in a dwelling
unit as a single house household under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability, but not including the residents of an apartment hotel,
or of a boarding house or lodging house serving more than two paying
guests.
Child care services in a private residence approved by the
Division of Youth and Family Services or an organization with which
the division contracts for family day care for no more than five children
and for no less than 15 hours per week.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The final map of all or a portion of a major subdivision
which is presented to the Planning Board for final approval in accordance
with these regulations and which if approved shall be filed with the
proper County Recording Officer.
A lot which does not fully front on or abut a public road
and where access to the public road is provided by a narrow strip
of land which is less than 50% of the required width.
A structure that rises with the tide or with rising floodwaters.
Floating structures are attached to a structural foundation through
extendable columns that allow the structure to elevate the finished
floor above the level of the floodwaters during a flood event.
[Added 12-18-2018 by Ord.
No. 2018-30]
The aggregate area of all floors in a building enclosed by
an exterior wall, excluding attic and also basement with less than
seven feet in height, open porches, breezeways and garages. Any basement
area in any nonresidential zone that is used for sales or display
and is open to the public shall be construed as floor area.
A building for four or less motor vehicles without provision
for repairing or servicing of any vehicles for profit. A private garage
shall have a footing and foundation.
Any building, structure, or land in or upon which a business
or service involving the fueling, maintenance, washing, or servicing
is conducted or temporary storage in connection with motor vehicles
is maintained. A public garage building shall have a footing and foundation.
A public building structure or land upon which a business
involving the fueling in connection with motor vehicles is conducted.
The chief legislative body of the Borough of Bound Brook.
A temporary or permanent wall-mounted sign consisting of
letters, numbers or symbols.
[Added 12-18-2018 by Ord.
No. 2018-30]
The vertical distance from the average grade adjacent to
the foundation walls to the top of the highest roof beams of a flat
roof or to the mean level of the highest gable or slope of a hip roof.
When a building faces on more than one street, the height shall be
measured from the average of the grades at the center of each street
front.
A building designed for residential purposes with a height
of over three stories.
Any building structure, area or property that is significant
in the history, architecture, archeology or culture of New Jersey,
the Borough of Bound Brook or the United States and has been so designated
pursuant to Chapter 291, Laws of New Jersey 1975.
An occupation conducted wholly within a dwelling unit and
subordinate to the residential use and meeting the criteria established
for home occupations in this chapter. Gainful employment or occupation,
exclusive of retail sale of goods or merchandise not produced on the
premises, conducted within a dwelling, which shall constitute either
entirely or partially the means of livelihood of a person living in
said dwelling, such as but not limited to a physician, surgeon, dentist,
lawyer, bookkeeper, accountant, auditor, architect, engineer, seamstress,
artist, tutor, broker, or computer operator.
A building containing 25 or more living or sleeping rooms
designed to be occupied for compensation by individuals or groups.
There shall be no kitchens in a hotel room.
A hotel building wherein 100 square feet of conference room
area is provided for each 20 hotel rooms or faction thereof.
A special purpose building that is architecturally designed
and particularly adapted for, and has as its principal use, conducting
on a regular basis formal religious services by a religious congregation.
That portion of a site which is improved or is proposed to
be improved with principal and accessory buildings and structures,
including driveways, parking lots, pedestrian walkways, roads, and
other improvements on the ground surface which are less permeable
than the natural surface. Impervious coverage computations must include
the impervious areas for improvements required by ordinance, such
as parking areas. The building coverage plus the area of all introduced
paved surfaces which have less permeability than the soil, such as:
required parking spaces, including necessary maneuvering areas, passageways
and driveways giving access thereto, service areas, accessways, streets,
walkways, patios and plazas. Exceptions: Board decks (provided water
can drain directly into the ground surface underneath) and swimming
pool water surface area, provided water level remains six inches below
top of pool.
[Amended 5-10-2022 by Ord. No. 2022-09]
Any activity conducted in connection with the manufacture,
assembly, disassembly, fabrication or processing of materials or products,
all or any part of which is marketed off the premises or (marketed)
to other than the ultimate consumer. This shall include landscaping
service operations.
A rough sketch map of a proposed subdivision or site plan
of sufficient accuracy to be used for the purpose of classification.
Non-profit institutions limited to church-owned cemeteries,
public or private schools licensed by the State of New Jersey, covering
pre-kindergarten through grade 12, hospitals for humans, and libraries.
A place where waste, discarded or salvaged materials including
without limitation inoperable or unregistered automobiles or other
vehicles are bought, sold, exchanged, stored, baled, cleaned, packed,
disassembled or handled. A junk yard shall include wrecking yards,
used lumber yards, and places or yards for used or salvaged house
wrecking and structural steel materials and equipment; as distinguished
from such uses when conducted entirely within a completely enclosed
building, and as distinguished from pawn shops and establishments
for the sale, purchase or storage of used cars in operable condition,
salvaged machinery and used furniture.
A small (less than 500 square feet in area), freestanding,
single-story structure which may be used as an information center,
cafe/bar/restaurant, retail, services, temporary rental of sports
equipment, or for other permitted uses and activities.
[Added 12-18-2018 by Ord.
No. 2018-30]
An area of land restricted to landscape items which may also
include such elements as natural features, earth berms, and earth
sculpture. The width of a landscape area shall be measured at right
angles to the lot line.
A subdivided portion of the tract to be developed which shall
contain a single structure or group of structures (complex) devoted
to common use.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
CORNER LOTA lot at the junction of and having frontage on two or more intersecting streets. A corner lot is also a lot bounded on two or more sides by the same street. The greater frontage of a corner lot is its depth, and its lesser frontage is its width. Corner lots shall meet the front yard setbacks on both streets. A corner lot shall have one rear yard and one side yard.
LOT DEPTHThe mean distance between the front and rear property lines of any lot taken at ten-foot intervals.
LOT WIDTHThe shortest straight line distance between the two sidelines of any lot as measured at the minimum required front yard setback line and also as measured from the street right-of-way line.
LOT AREAThe total square unit contents of any lot as measured within the lot lines, exclusive of rights-of-way.
The shortest distance between the intersection points of
the sidelines of a lot with the front street right-of-way line. In
the case of corner lots, the frontage shall be measured along a straight
line between the intersection point formed by the projection of two
street rights-of-way lines and the intersection point of a side lot
line with a front street right-of-way line. In the case of a lot running
through from one street to another, the front of such lot shall, for
the purposes of this chapter, be considered that frontage upon which
the majority of the buildings in the same block front; but in case
there has been no clearly defined frontage established, the owner
may, when applying for a building permit, specify on this permit application
which lot line shall be considered the front lot line.
Dwelling units developed pursuant to relevant provisions pertaining to such housing contained in § 21-10, Zoning. Low and moderate income levels must conform to applicable standards set by COAH.
A security, other than cash, which may be accepted by the
Borough for the maintenance of any improvements required by this chapter.
All site plans not classified as minor site plans.
All subdivisions not classified as minor subdivisions or
re-subdivisions.
A composite of one or more written or graphic proposals for the development of the municipality as set forth in the adopted pursuant to § 19 of Chapter 291, Laws of New Jersey 1975.
The development plan of one or more lots which does not involve
planned development, any new street, alteration of existing traffic
patterns, or extension of any off-tract improvement which is to be
prorated pursuant to N.J.S.A. 40:55D-42, and which is limited to the
following classes of development:
[Amended 8-8-2017 by Ord.
No. 2017-25]
Interior renovations of an existing building; or
Building additions and the construction of any accessory structure,
provided that such uses are specifically permitted in the zone district
and that such alteration or construction does not exceed 2,000 square
feet in ground coverage; or
Alteration or improvement of the exterior facade of an existing
building, such as new windows, doorways, or siding material; or
The improvement of existing site facilities (i.e., parking,
drainage, generators or similar equipment).
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing site plan
applications for proper compliance with this chapter and reporting
back to the Planning Board as to its findings. Nothing herein shall
be construed as granting power to the Site Plan Committee to give
any approvals or agree to any modifications. Notwithstanding any other
provision of this chapter, the Committee's power and authority shall
be limited to recommendation to the entire Board for action or final
decision.
[Added 8-8-2017 by Ord.
No. 2017-25]
A subdivision of land for the creation of no more than two
lots, including the remainder, fronting on an existing street provided
that such subdivision will not adversely affect the development of
the remainder of the parcel or adjoining property and not be in conflict
with any provision of the Master Plan, Official Map or this chapter,
and that such subdivision does not involve:
A building containing three or more dwelling units occupied
or intended to be occupied by persons living independently of each
other, or a group of such buildings.
The Borough of Bound Brook Planning Board or Borough Council
when acting pursuant to this chapter and any agency created by this
chapter that is acting pursuant to this chapter.
Any use by the Borough of Bound Brook of any property owned
or leased by it.
Neighborhood business uses which are clearly of a neighborhood
service character and are intended to serve the local community. Uses
include but are not limited to the following: retail or personal service
establishments such as appliance sales, banks, brokers, card and stationery
stores, candy and cigar stores, drugs, dry goods and variety stores,
dry cleaners and laundries, eating and drinking places (excluding
drive-ins), florists, food stores, garden supplies, hardware stores,
locksmiths, medical services, news stands, handicraft stores, gift
stores, child care centers, business and professional offices, package
liquor stores, pet stores, printing and publishing, photographic supplies,
radio, television and appliance sales and services, realtors, shoe
sales and repair service, tailors and dressmakers, wearing apparel
stores.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a Zoning Ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amending of a Zoning Ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a Zoning Ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
Those zones which permit nonresidential uses as a principal
permitted use.
A building or group of buildings in which nursing care and
medical services are prescribed by or performed under the general
direction of persons licensed to practice medicine or surgery in the
State of New Jersey, for the accommodation of convalescents or other
persons who are not acutely ill and not in need of hospital care but
who do require skilled nursing care and related medical services.
Also refers congregate care or assisted care facilities in which such
medical care may not be provided.
An extended or intermediate care facility licensed or approved
to provide full-time convalescent or chronic care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable
to care for themselves.
A three-dimensional sign in the form of an object that indicates
either the name of an establishment or the products and/or services
provided. (As an example, an oversized pair of scissors would indicate
a barber or hairdressing salon and a bicycle wheel would indicate
bicycle repair and/or sales.) Object signs may be either projecting
or wall-mounted, and may be coupled with either of those two types
of signs.
[Added 12-18-2018 by Ord.
No. 2018-30]
An elevated viewing platform, covered or uncovered, accessible
to the public and designed to provide views over a natural area.
[Added 12-18-2018 by Ord.
No. 2018-30]
Any dwelling unit which shall be construed to be occupied
if one or more persons or a family customarily reside in said dwelling
unit overnight. In nonresidential buildings, the installation, storage
or use of equipment, merchandise or machinery in any commercial, public
or industrial building shall be construed as constituting occupancy
of said building.
Not located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
A map adopted by ordinance pursuant to Article 5 of Chapter
291, Law of New Jersey 1975. Such map shall be deemed conclusive with
respect to the location and width of streets and public drainage ways
and the location and extent of flood control basins and public areas
including public parks, playgrounds, trails, paths and other recreation
areas, public open spaces, scenic and historic sites, sites for schools
and other public buildings and structures, whether or not such streets,
ways, basins or areas are improved or unimproved or are in actual
physical existence.
Located on the property which is the subject of development
application or on a contiguous portion of a street or right-of-way.
The keeping, in an unenclosed area, of any goods, junk, merchandise,
vehicles located in areas other than in driveways or approved parking
areas, or other material in the same place for more than 24 hours.
An industrial, standardized, reusable outdoor storage/shipping
container:
[Added 11-14-2017 by Ord.
No. 2017-31]
Originally, specifically or formally designed for or used in
the packing, shipping, movement or transportation of freight, articles,
goods or commodities and presently utilized for those purposes or
for storage of household items; and/or
Designed for or capable of being mounted or moved on a rail
car; and/or
Designed for or capable of being mounted on a chassis or bogie
for movement by truck, trailer or loaded on a ship; and/or
Intended to or necessary, for purposes of safety, to be placed
upon a foundation and, therefore, constituting an accessory structure;
and/or
Having a length greater than 10 feet; and/or
Being of heavy-gauge steel construction, aluminum or a composite
material.
A rectangular space 10 feet wide and 18 feet long either
outdoors or enclosed within a structure and used for accommodation
of off-street motor vehicle parking, provided however that a longitudinal
(end to end) parking space is a rectangular space 10 feet wide and
25 feet long. All parking spaces shall be provided with adequate means
of ingress and egress which shall be kept open and unobstructed at
all times and which shall be designed to provide surface driveways
or aisles to meet the minimum standards of this chapter.
A portable containerized property storage facility or unit
shall mean a storage unit (commonly referred to as a "pod") not exceeding
10 feet in length, intended to be utilized upon the exterior of residential
premises for the purpose of storing all types of items of personal
and household property either for pure storage or to facilitate the
moving of persons from household unit to household unit.
[Added 11-14-2017 by Ord.
No. 2017-31]
Any security, which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under the circumstances in § 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5), and cash.
Includes any person, individual, business entity, partnership,
association, corporation, company or organization of any kind or nature.
Establishments engaged in providing services involving the
care of a person or his/her apparel. Personal services usually include
the following: laundry, garment services, diaper service, dry cleaning,
photographic studios, employment agencies, pet grooming services,
beauty and barber shops, shoe repair, tanning salons, health clubs,
clothing rental.
The map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to Sections 34,
36 and 37 of Chapter 291, P.L. 1975, prior to final approval after
specific elements of a development plan have been agreed upon by the
Planning Board and the applicant.
The preliminary map of a major subdivision or site plan indicating
the proposed layout of the site which is submitted to the appropriate
board for consideration and preliminary approval and meeting the requirements
of this chapter.
The preliminary development plan indicating the proposed
layout of the site which is submitted to the appropriate board for
consideration and preliminary approval and meeting the requirements.
One devoted to the principal use.
The primary or predominant use of any lot or structure.
Any artificially constructed basin or other structure for
the holding of water for use by the possessor, his family or guests,
for swimming, diving and other aquatic-sports and recreation. The
term swimming pool does not include any plastic, canvas or rubber
pool temporarily erected upon the ground capable of holding not more
than 500 gallons of water.
A sign that is permanently affixed to a building facade at
a ninety-degree angle. These signs may be banner signs, printed on
architectural fabric and permanently or temporarily hung in place,
or signs printed against a rigid metal, wood or acrylic background.
[Added 12-18-2018 by Ord.
No. 2018-30]
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, Board of Education, State or County agency, or other
public body for recreational or conservational uses.
Telephone and electric lines, poles, communications equipment
and structures, water or gas pipes, mains, valves or structures, or
sewer pipes, valves or structures, maintained, operated and conducted
for the service, convenience, necessity, health and welfare of the
general public, whether owned by any arm or entity of the local, State
or Federal government or by any privately-owned public utility corporation.
(a) The further division or relocation of lot lines of any
lot or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of any streets, or (b) the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
Space allocated for collection and storage of source separated
recyclable materials.
A site development plan containing a minimum of five contiguous
acres which is developed in accordance with an adopted Redevelopment
Plan.
Those zones set forth in the section of this chapter known
as the R-1, R-2, R-3, R-4, NB/R and R-6 Zones.[2]
A dwelling unit, the head of which or spouse is 62 years
of age or over.
Includes any device, freestanding or attached to a building or structure, or erected, painted, represented or reproduced upon in any building or structure, which displays, reproduces or includes any letter, word, name, number, model, insignia, design, device or representation used for any purpose, including without limitation: to identify the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry, service or other activity; to advertise any product or item; to advertise the sale, rental or use of all or any part of any premises, including that upon which it is displayed; to direct vehicular or pedestrian traffic other than State, County or municipal highway and roadway markers; and shall include any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interests of any person. Sign shall not be construed to mean any non-illuminated sign in the interior of any structure and not visible from the outdoors unless specifically designated as such in § 21-10 of this chapter. If the display information on commercial or recreational vehicles exceeds the minimum information required for registration and operation of the vehicle, the display information shall be considered a sign.
Ownership of a single lot by one person, or jointly by two
or more persons, whether as joint tenants, tenants by the entirety,
or tenants in common.
A building or structure lawfully accommodating only one dwelling
unit.
A development plan to be submitted to the Planning Board
of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, flood
plains, marshes and waterways;
The location of all existing and proposed structures, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting, screening
devices;
Any other information reasonably necessary and required in order
to make an informed determination pursuant to this chapter.
A committee of at least three Planning Board members appointed
by the Chairman of the Board for purposes of reviewing site plans
for a report back to the entire Board and such other duties relating
to land development which may be conferred on this committee by the
Board and the Board's bylaws.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way:
Which is an existing State, County or municipal roadway, or;
Which is shown upon a plat heretofore approved pursuant to law;
or;
Which is approved by official action as provided by this chapter,
or;
Which is shown on a plat duly filed and recorded in the office
of the County Recording Officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats; and
includes the land between the right-of-way lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the right-of-way lines.
Any combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter, if no new streets are created:
Divisions of land found by the Planning Board or subdivision
committee to be for agricultural purpose where all resulting parcels
are five acres or larger in size;
Divisions of property by testamentary or interstate provisions;
Divisions of property by court order, including but not limited
to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
The conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons and all of which are found
and certified by the administrative officer to conform to the requirements
of the municipal development regulations and are shown and designated
as separate lots, tracts or parcels on the tax map or atlas of the
Borough. The term 'subdivision' shall also include the term 're-subdivision.'
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
and minor subdivisions and re-subdivisions in accordance with the
provisions of this chapter, and such other duties relating to land
subdivision which may be conferred on this committee by the Board
and the Board's bylaws.
An exemption granted by the Planning Board from the procedures established for subdivisions in § 21-9 of this chapter for an alteration, diminution, creation or elimination of any lot line which does not constitute a subdivision under the definition of a subdivision pursuant to this chapter, such a division of land found by the Planning Board or subdivision committee to be for agricultural purposes where all resulting parcels are five acres or larger in size, division of property by testamentary or interstate provisions; divisions of property by court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument and the conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the tax maps or atlas of the Borough.
A structure that is assembled for a specific purpose and
is disassembled and removed within six months.
[Added 12-18-2018 by Ord.
No. 2018-30]
The entire area designated for redevelopment and all the
lots that have been so designated. However, the Borough and the redeveloper
may agree to exclude the lot on which the firehouse is located from
the tract.
The perimeter property line of the entire redevelopment area
and not mean any internal roadways or internal subdivision lines.
The typed or printed verbatim record of the proceedings or
reproduction thereof.
A small, covered, elevated structure assembled to a tree
or trees and reached only by climbing a ladder.
[Added 12-18-2018 by Ord.
No. 2018-30]
A building type consisting of two single-family dwellings.
If attached by a vertical party wall these units occupy separate lots.
Two-family dwellings may also consist of a ground floor unit with
a separate unit on the second floor.
[Added 12-18-2018 by Ord.
No. 2018-32]
Permission to depart from the literal requirements of a Zoning
Ordinance pursuant to § 47 (40:55D-60) and subsections 29.2b,
57c and 57d of this act (N.J.S.A.40:55D-40; 40:55D-70).
A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. See Subsection 21-9.15c, Parking Standards.
A vehicle which is required to be registered but is unregistered
and/or unable to move under its own power.
A vehicular type portable structure without permanent foundation,
which can be towed, hauled or driven and primarily designed as temporary
living accommodation for recreational, camping and travel use and
including but not limited to travel trailers, truck campers, camping
trailers and self-propelled motor homes.
A sign that is temporarily or permanently mounted on the
exterior of a structure.
[Added 12-18-2018 by Ord.
No. 2018-30]
A space extending the full width of the lot between any building
and the front lot line, and measured perpendicular to the building
at the closest point to the front lot line. The definition specifies
that the line of measurement is perpendicular to the building and
extends to the lot line. If the line of measurement was perpendicular
to the lot line, there would be problems with pie-shaped and irregular
lots. The ordinance would normally specify that the front yard could
contain fences, walls, driveways and whatever else may be customary
in a particular zone.
A space extending across the full width of the lot between
the principal building and the rear lot line, and measured perpendicular
to the building to the closest point of the rear lot line.
The open space between a lot line and the buildable area
within which no structure shall be located except as provided in the
Zoning Ordinance.
A space extending from the front yard to the rear yard between
the principal building and the side lot line measured perpendicular
from the side lot line to the closest point of the principal building.
A document signed by the administrative officer (a) which
is required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building and (b) which
acknowledges that such use, structure or building complies with the
provisions of the municipal Zoning Ordinance or variance there from
duly authorized by a municipal agency pursuant to Sections 47 and
57 of this act (40:55D-60; 40:55D-70).
[1]
Editor's Note: Section 5 of this ordinance, amending Section 21-2 of the Borough Code, contained the following additional provisions regarding definitions:
Except for those words or terms defined in this section (above), words shall be defined in accordance with the definitions that appear in the Borough's Land Use Regulations (Chapter 21), in the section on "definitions" (21-2), in the definitions section attached to the B-R District (21-10.15k) or elsewhere in Chapter 21.
If there is no applicable definition in Chapter 21 of the Borough Code, those words or terms shall be defined in accordance with the definition found in the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D et seq.) or in the New Jersey Local Redevelopment and Housing Law (N.J.S.A. 40A:12A et seq.). If there is no applicable definition in the two statutes mentioned above, those words or terms shall be defined in accordance with the definition found in the most recent edition of the Complete Illustrated Book of Development Definitions, by Harvey Moskowitz and others, published by the Center for Urban Policy Research at Rutgers University; in A Planners Dictionary, edited by Michael Davidson and Fay Dolnick, American Planning Association — Planning Advisory Service Report 521/522, April 2004 or subsequent edition; or as defined in an equally authoritative published or online source acceptable to the governing body of the Borough of Bound Brook.
[2]
Editor's Note: The NB/R District was repealed 6-27-2023 by Ord. No. 2023-028 and incorporated into the Business/Residential (B/R) District.
[Ord. No. 04-12 § 21-3.1]
There is hereby established in the Borough, a Planning Board
of nine members, pursuant to Chapter 291, P.L. of N.J. 1975. The Planning
Board shall consist of four classes of members as follows:
a.Â
Class I. The Mayor of the Borough or the Mayor's designee.
b.Â
Class II. One of the officials of the Borough other than a member of the governing body, to be appointed by the Mayor provided that, if there be an Environmental Commission the member of the Environmental Commission who is also a member of the Planning Board as required by § 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be deemed to be the Class II Planning Board member for purposes of this chapter in the event that there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education.
c.Â
Class III. A member of the governing body to be appointed by it.
d.Â
Class IV. Six citizens of the Borough to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one such member may be a member of the Zoning Board of Adjustment and one member may be a member of the Board of Education. The member of an Environmental Commission who is also a member of the Planning Board, as required by § 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be a Class IV Planning Board member, unless there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member common to the Planning Board and municipal Environmental Commission shall be deemed a Class II member of the Planning Board.
e.Â
Alternate Members. Not more than two alternate members shall be appointed
by the appointing authority for Class IV members of nine member Planning
Boards. Alternate members shall be designated at the time of appointment
by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms
of the alternate members shall be for two years, except that the terms
of the alternate members shall be such that the term of not more than
one alternate member shall expire in any one year; provided, however,
that in no instance shall the terms of the alternate members first
appointed exceed two years. A vacancy occurring otherwise than by
expiration of term shall be filled by the appointing authority for
the unexpired term only.
|
No alternate member shall be permitted to act on any matter
in which the member has either directly or indirectly any personal
or financial interest. An alternate member may, after public hearing
if the member requests one, be removed by the governing body for cause.
|
|
Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Planning Board established by ordinance of the governing body pursuant to § 14 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-23). A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
|
[Ord. No. 04-12 § 21-3.2]
The term of the member composing Class I shall correspond to
his official tenure. If the member is the Mayor's designee, the designee
shall serve at the pleasure of the Mayor during the Mayor's tenure.
The terms of the members composing Class II and Class III shall be
for one year or terminate at the completion of their respective terms
of office, whichever occurs first except for a Class II member who
is also a member of the Environmental Commission. The term of a Class
II or Class IV member who is also a member of the Environmental Commission
shall be for three years or terminate at the completion of his term
of office as a member of the Environmental Commission, whichever occurs
first. The term of a Class IV member who is also a member of the Board
of Adjustment or Board of Education shall terminate whenever he/she
is no longer a member of such other body or at the completion of his
Class IV term, whichever occurs first. The terms of all Class IV members
first appointed under this chapter shall be so determined that to
the greatest practicable extent, the expiration of such terms shall
be distributed evenly over the first four years after their appointment;
provided that the initial Class IV term of no member shall exceed
four years. Thereafter, the Class IV term of each member shall be
four years. Nothing contained herein shall affect the term of any
present member of the Planning Board, all of whom shall continue on
office until the completion of the terms for which they were appointed.
All terms shall run from January 1 of the year in which the appointment
is made.
[Ord. No. 04-12 § 21-3.3]
If any vacancy in any class shall occur otherwise than by expiration
of the Planning Board term, it shall be filled by appointment, as
above provided, for the expired term.
[Ord. No. 04-12 § 21-3.4]
Any member other than a Class I member, after a public hearing
if he/she requests one, may be removed by the governing body for cause.
[Ord. No. 04-12 § 21-3.5]
No member of the Planning Board or alternate member shall be
permitted to act on any matter in which the member has, either directly
or indirectly, any personal for financial interest.
[Ord. No. 04-12 § 21-3.6]
The Planning Board is authorized to adopt by-laws and such other
rules and regulations governing its procedural operation, which by-laws,
rules and regulations shall be consistent with the provisions of this
chapter and the New Jersey Municipal Land Use Law (P.L. 1975, Chapter
291). The Planning Board shall elect a chairman and vice chairman
from the members of Class IV, select a secretary who may or may not
be a member of the Planning Board or a municipal employee, and create
and fill such other offices as established by ordinance. It may employ,
or contract for, and fix the compensation of legal counsel, other
than the municipal attorney, and experts, and other staff and services
as it may deem necessary, not exceeding, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
[Ord. No. 04-12 § 21-3.7]
a.Â
The Planning Board shall exercise its power in regard to:
1.Â
The Master Plan pursuant to [40:55D-28 et seq.];
2.Â
Subdivision control and site plan review pursuant to [40:55D-37 et
seq.];
3.Â
The Official Map pursuant to [40:55D-32 et seq.];
4.Â
The Zoning Ordinance including conditional uses pursuant to [40:55D-62
et seq.];
5.Â
The capital improvement program pursuant to [40:55D-29 et seq.];
6.Â
Variances and certain building permits in conjunction with subdivision,
site plan and conditional use approval pursuant to [40:55D-60 et seq.];
b.Â
The Planning Board may:
1.Â
Participate in the preparation and review of programs or plans required
by State or Federal law or regulation;
2.Â
Assemble data on a continuing basis as part of a continuous planning
process; and
3.Â
Perform such other advisory duties as are assigned to it by ordinance
or resolution of the governing body for the aid and assistance of
the governing body or other agencies or officers.
c.Â
Referrals.
1.Â
Prior to the adoption of a development regulation, revision, or amendment
thereto, the Planning Board shall make and transmit to the governing
body, within 35 days after referral, a report including recommendations
concerning the proposed development regulation, revision or amendment.
The governing body, when considering the adoption of a development
regulation, revision or amendment thereto, shall review the report
of the Planning Board and may disapprove or change any recommendation
by a vote of a majority of its full authorized membership and shall
record in its minutes the reasons for not following such recommendations.
Failure of the Planning Board to transmit its report within the thirty-five-day
period provided herein shall relieve the governing body from the requirements
of this subsection in regard to the proposed development regulation,
revision or amendment thereto referred to the Planning Board.
2.Â
The governing body may by ordinance provide for the reference of
any matter or class of matters to the Planning Board before final
action thereon by a municipal body or municipal officer having final
authority thereon. Such reference shall not extend the time for action
by the referring body, whether or not the Planning Board has submitted
recommendation regarding a matter authorized by this Act to another
municipal body, such recommendation may be rejected only by a majority
of the full authorized membership of such other body.
d.Â
Simultaneous review. The Planning Board shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with review for subdivision approval without the developer being required
to make further application to the Planning Board, or the Planning
Board being required to hold further hearings. The longest time period
for action by the Planning Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this section, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
e.Â
Other functions. Exercise such other duties as may be assigned to
it by ordinance or resolution of the governing body and perform such
other functions as may be authorized by the New Jersey Municipal Land
Use Law (P.L. 1975, Chapter 291) and other State statutes and administrative
regulations. The Planning Board shall approve or deny applications
as prescribed by law.
[Ord. No. 04-12 § 21-4.1]
Pursuant to N.J.S.A. 40:55D-25(C) the Planning Board shall exercise
all of the powers of the Board of Adjustment. Specifically the Planning
Board acting pursuant to N.J.S.A. 40:55D-25C shall have the powers
set forth in the statutes of the State of New Jersey and herein.
[Ord. No. 04-12 § 21-4.2]
The Planning Board acting as a Board of Adjustment shall have
the power to:
a.Â
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by the Zoning Officer based on or made in the enforcement of the zoning
regulations.
b.Â
Hear and decide in accordance with the provisions of this chapter,
requests for interpretation of the Zoning Map or regulations or for
decisions upon other special questions upon which such board is authorized
to pass by any zoning regulation or Official Map in accordance with
this chapter or P.L. 1975, Chapter 291.
c.Â
('c' variance, bulk variance) Where by reason of exceptional narrowness,
shallowness or shape of a specific piece of property, or by reason
of exceptional topographic conditions, or by reason of other extraordinary
and exceptional situation or condition of such piece of property the
strict application of any regulation pursuant to this chapter would
result in peculiar and exceptional practical difficulties to or exceptional
and undue hardship upon the developer of such property, grant, upon
an application or an appeal relating to such property, a variance
from strict application of such regulation so as to relieve such difficulties
or hardship, including a variance for a conditional use, provided,
however, that no variance shall be granted under this subsection to
allow a structure or use in a district restricted against such structure
or use; and provided further that the proposed development does not
require approval by the Planning Board of a subdivision, site plan
or conditional use in conjunction with which the Planning Board shall
review a request for a variance pursuant to Subsection 47 (a) of P.L.
1975, Chapter 291 (N.J.S.A. 40:55D-60(a)).
d.Â
('d' variance, use variance) In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to § 21-10 of this chapter, including, but not limited to allowing a structure or use in a district restricted against such structure or use, but only by an affirmative vote of at least five members of the Borough Planning Board acting as a Board of Adjustment.
e.Â
Direct issuance of a permit pursuant to § 25 of P.L. 1975,
Chapter 291, for a building or structure in the bed of a mapped street
or public drainageway, flood control basin or public area reserved
pursuant to § 23 of said Chapter 291.
f.Â
Direct issuance of a permit pursuant to § 27 of P.L. 1975,
Chapter 291, for a building or structure not related to a street.
g.Â
Grant to the same extent and subject to the same restricts as the Planning Board, subdivision or site plan approval pursuant to § 21-9 or conditional use approval pursuant to § 21-10 whenever the proposed development requires approval by the Planning Board acting as a Board of Adjustment of a variance pursuant to paragraph d above. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Planning Board acting as a Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Zoning Map and zoning regulations. The number of votes of Planning Board acting as a Board of Adjustment members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question and the special vote pursuant to paragraph d of this subsection shall not be required.
|
No variance or other relief may be granted under the terms of
this section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and purpose of the zoning plan and zoning regulations.
|
[Ord. No. 04-12 § 21-4.3]
An application under the terms of Subsection 21-4.2 may be referred to any appropriate person or agency pursuant to § 17 of P.L. 1975, Chapter 291, for its report; provided such reference shall not extend the period of time within which the Planning Board acting as a Zoning Board of Adjustment shall act.
[Ord. No. 04-12 § 21-4.4]
The governing body shall make provision in its budget and appropriate
funds for the expenses of the Planning Board acting as the Board of
Adjustment.
[Ord. No. 04-12 § 21-4.5]
a.Â
Appeals to the Planning Board acting as a Board of Adjustment may
be taken by any interested party affected by any decision of an administrative
officer of the Borough based on or made in enforcement of this chapter.
Such appeal should be taken within 20 days by filling a notice of
appeal with the officer from whom the appeal is taken specifying the
grounds of such appeal. The officer from whom the appeal is taken
shall immediately transmit to the Planning Board acting as a Board
of Adjustment all the papers constituting the record upon which the
action appealed from was taken.
b.Â
A developer may file an application for development with the Planning
Board acting as a Board of Adjustment for action under any of its
powers without prior application to an administrative officer.
[Ord. No. 04-12 § 21-4.6]
a.Â
The Planning Board acting as a Board of Adjustment shall render a
decision not later than 120 days after the date of:
b.Â
In the event that the developer elects to submit separate consecutive
applications as provided in Subsection 21-4.2g., the one-hundred-twenty-day
provision shall apply to the application for approval of the variance.
The period for granting or denying any subsequent approval shall be
as otherwise provided in this chapter.
c.Â
Failure of the Planning Board acting as the Board of Adjustment to
act within the prescribed period or within such further time as may
be consented to by the applicant, shall constitute a decision favorable
to the applicant.
[Ord. No. 04-12 § 21-4.7]
The Planning Board acting as a Board of Adjustment may reverse
or affirm, wholly or in part, or may modify the action, order, requirement,
decision, interpretation or determination appealed from and to that
end have all the powers of the administrative officer from whom the
appeal is taken.
[Ord. No. 04-12 § 21-4.8]
An appeal to the Planning Board acting as a Board of Adjustment
shall stay all proceedings in furtherance of the action in respect
to which the decision appealed from was made unless the officer from
whose action the appeal is taken certifies to the Planning Board acting
as a Board of Adjustment, after the notice of appeal shall have been
filed with him/her, that by reason of facts stated in the certificate
to stay would, in his opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by an order
of the Superior Court upon notice to the officer from whom the appeal
is taken and on due cause shown.
[Ord. No. 04-12 § 21-4.9]
Whenever review or approval of the application by the County Planning Board is required by § 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or § 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Planning Board acting as a Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.
[Ord. No. 04-12 § 21-4.10]
Any exception or variance from this chapter granted by the Board
to an applicant shall expire if no construction, alteration or conversion
has been commenced within one year from the date of granting such
variations or exception unless otherwise provided in the resolution
of the Board granting the exception or variation.
[Ord. No. 04-12 § 21-4.11]
No member of the Planning Board acting as a Board of Adjustment
shall be permitted to act on any matter in which he/she has, either
directly or indirectly, any personal or financial interest.
[Ord. No. 04-12 § 21-4.12]
Members of the Planning Board acting as a Board of Adjustment
on the effective date of this chapter shall continue in office until
the completion of their terms as provided by law immediately prior
to the effective date of this chapter. Any new appointments or reappointments
to said Board shall be governed by the provisions of this chapter.
[Ord. No. 04-12 § 21-5.1]
The Borough Planning Board, Board of Adjustment and governing
body shall adopt, and may amend reasonable rules and regulations,
not inconsistent with this chapter, for the administration of its
functions, powers and duties, and shall furnish a copy thereof to
any person upon request and may charge a reasonable fee for such copy.
Copies of all such rules and regulations and amendments thereto shall
be maintained in the office of the Borough Clerk.
[Ord. No. 04-12 § 21-5.2]
a.Â
Every municipal agency shall, by its rules, fix the time and place
for holding its regular meetings for business authorized to be conducted
by such agency. Regular meetings of the municipal agency shall be
scheduled not less than once a month and shall be held as scheduled
unless canceled for lack of applications for development to process.
The municipal agency may provide for special meetings at the call
of the chairman, or on the request of any two of its members, which
shall be held on notice to its members and the public in accordance
with law. No action shall be taken at any meeting without a quorum
being present. All actions shall be taken by a majority vote of the
members of the municipal agency present at the meeting except as otherwise
required by the following section of P.L. 1975, Chapter 291 (N.J.S.A.
40:55D-1 et seq.):
1.Â
Section 23 (dealing with the adoption of the Official Map);
2.Â
Section 25 (dealing with assurance of building permits on lands reserved
on the Official Map);
3.Â
Section 49 (dealing with the adoption of a Zoning Ordinance);
4.Â
Section 50 (dealing with a protest against a zoning change);
5.Â
Section 8e (dealing with the governing body reversing action by the
Planning Board);
6.Â
Section 17a (dealing with the governing body overriding the Planning
Board report on development regulations);
7.Â
Section 17b (dealing with another municipal agency overriding the
Planning Board on matters referred to the Planning Board);
8.Â
Section 57d (dealing with a use variance application).
Nothing herein shall be construed to contravene any act providing
procedures for the governing body.
b.Â
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
law and this chapter. An executive session for the purpose of discussing
and studying any matters to come before the agency shall not be deemed
a regular or special meeting within the meaning of this chapter.
c.Â
Minutes of every regular or special meeting shall be kept and shall
include the names of the persons appearing and addressing the municipal
agency and of the persons appearing by attorney, the action taken
by the municipal agency, the findings, if any, made by it and reasons
therefor. The minutes shall thereafter be made available for public
inspection during normal business hours at the office of the administrative
officer. Any interested party shall have the right to compel production
of the minutes for use as evidence in any legal proceedings concerning
the subject matter of such minutes. Such interested party may be charged
a reasonable fee for reproduction of the minutes for this use.
d.Â
Failure of a motion to approve an application for development to
receive the number of votes required for approval shall be deemed
an action denying the application.
e.Â
The adoption of a resolution of memorialization, pursuant to Subsection 21-5.7 of this chapter, shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the municipal agency who votes for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action on an application for development by the municipal agency; except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
[Ord. No. 04-12 § 21-5.3]
This chapter or any revision or amendment thereto shall not
take effect until a copy thereof has been filed with the County Planning
Board. An Official Map shall not take effect until filed with the
County Recording Officer. Copies of this chapter and any revisions
or amendments thereto shall be filed and maintained in the office
of the Borough Clerk.
[Ord. No. 04-12 § 21-5.4]
Any power expressly authorized by N.J.S.A. 40:55D-1 et seq.
to be exercised by the Planning Board or the Board of Adjustment shall
not be exercised by any other body except as otherwise provided in
this chapter.
[Ord. No. 04-12 § 21-5.5]
In the event that, during the period of approval heretofore
or hereafter granted to an application for development, the developer
is barred or prevented, directly or indirectly, from proceeding with
the development otherwise permitted under such approval by a legal
action instituted by any State agency, political subdivision or other
party to protect the public health and welfare or by a directive or
order issued by any State agency, political subdivision or court of
competent jurisdiction to protect the public health and welfare and
the developer is otherwise ready, willing and able to proceed with
said development, the running of the period of approval under this
chapter or under any provision repealed by this chapter, as the case
may be, shall be suspended for the period of time said legal action
is pending or such directive or order is in effect.
[Ord. No. 04-12 § 21-5.6]
a.Â
In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly
by a legal action instituted by any State agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any State agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the municipal agency shall process such application for development
in accordance with this chapter, and, if such application for development
complies with this chapter, the municipal agency shall approve such
application conditioned on removal of such legal barrier to development.
b.Â
In the event that development proposed by an application for development
requires an approval by a governmental agency other than the municipal
agency, the municipal agency shall, in appropriate instances, condition
its approval upon the subsequent approval of such governmental agency;
provided that the Borough shall make a decision on any application
for development within the time period provided in this chapter or
within an extension of such period as has been agreed to by the applicant
unless the municipal agency prevented or relieved from so acting by
the operation of law.
[Ord. No. 04-12 § 21-5.7]
Every application for development submitted to the Planning
Board or Board of Adjustment shall be accompanied by proof that no
taxes or assessments for local improvements are due or delinquent
on the property which is the subject of such application.
[Added 6-11-2019 by Ord.
No. 2019-26]
a.Â
The developer and the Borough of Bound Brook shall enter into a developer’s
agreement prior to any construction and the issuance of any construction
permit incorporating all of the terms and conditions of approval imposed
by the Planning Board or Zoning Board of Adjustment. All final plat
approvals shall be subject to a developer’s agreement between
the developer and the Borough.
b.Â
The agreement shall be in a form approved by and satisfactory to
the Director of Law/Borough Attorney and approved by resolution of
the Borough Council. The substance of the agreement shall be consistent
with the laws of the State of New Jersey, the Borough of Bound Brook’s
Land Use Ordinances and the conditions and standards applicable to
the proposed development including the terms and conditions of approval
imposed by the Planning Board or Zoning Board of Adjustment. The agreement
shall be in recordable form, and shall be treated and deemed to be
a covenant or restriction pertaining to the land which is being developed,
and enforceable against the developer’s successors in interest.
c.Â
The agreement shall be signed by the Mayor, the Borough Clerk, the
Planning Board Chairman and Secretary or the Zoning Board of Adjustment
Chairman and Secretary, where applicable, and the developer.
d.Â
The agreement shall provide for performance and maintenance guaranties to be posted by the developer in accordance with Section 21-9.7 of this chapter.
e.Â
The agreement may include but shall not be limited to the provisions
relating to the following:
1.Â
The anticipated time schedule and the developer’s assumption
for himself or his assigns of responsibility for the construction
and information otherwise specifying the nature and extent of the
developer’s obligations.
2.Â
The disposition and acquisition of any lands required to be set aside
for public, semipublic, open space and greenway purposes and outdoor
recreational uses.
3.Â
The phasing, financing and extent of any required municipal off-tract
traffic and sidewalk improvements.
4.Â
Public approvals and municipal and developer actions required to
implement public infrastructure improvements, such as public sewers,
stormwater control and sidewalks.
5.Â
The developer’s obligation to maintain the project and comply
with site plan approval conditions dealing with signage, building
exteriors, common areas, lighting, landscaping, drainage, security,
security cameras, buffer areas and open spaces, trash removal and
internal roadways.
6.Â
Any agreements relating to an environmentally sensitive area in the
proposed development.
7.Â
Architectural design standards to ensure that the development will
result in an aesthetically harmonious design.
f.Â
The executed developer’s agreement shall be made part of all
major subdivision and major site plan approvals as a condition of
any approval, except that a developer’s agreement shall not
be required for minor subdivisions or minor site plans.
g.Â
Legal fees incurred by the Borough associated with the preparation and negotiation of the developer’s agreement shall be paid by the applicant in accordance with and charged against the developer’s escrow deposit established in Section 21-7 of this chapter.
h.Â
The original agreement shall be kept on file in the Borough Clerk’s
office and shall be kept on file by the Planning Board or Zoning Board
of Adjustment.
[Ord. No. 04-12 § 21-6.1]
The Planning Board or the Board of Adjustment, as the case may be, shall hold a hearing on each application for development and/or the adoption, revision or amendment of the Master Plan. Notwithstanding any other provisions of this chapter, nothing contained herein shall be construed to require public notice of hearings on concept plans. The Borough Council shall hold a hearing on the adoption or amendment of a development regulation, and Official Map or a Capital Improvements Program. Those hearings requiring a public notice be given are set forth in Subsection 21-6.10. Prior to the subdivision or re-subdivision of land and prior to the issuance of a building permit, zoning permit, or certificate of occupancy or certification of compliance, change in owner or tenant for any lot or structure, and prior to an alteration of the exterior of a nonresidential or multifamily structure or alteration to land of a nonresidential or multi-family use, an application for subdivision or site plan, as the case may be, shall be submitted to and approved by the Planning Board in accordance with the requirements of this section; except that subdivision or individual lot applications for detached one or two family dwelling unit buildings shall be exempt from site plan review and approval.
[Ord. No. 04-12 § 21-6.2]
The Borough Planning Board or Board of Adjustment or governing
body, as the case may be, shall make the rules governing such hearings.
Any maps and documents for which approval is sought at a hearing shall
be on file and available for public inspection at least 10 days before
the date of the hearing during normal business hours in the office
of the administrative officer. The applicant may produce other documents,
records or testimony at the hearing to substantiate or clarify or
supplement the previously filed maps and documents.
[Ord. No. 04-12 § 21-6.3]
The officer presiding at the hearing or such person as he/she
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigations Law,
P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
[Ord. No. 04-12 § 21-6.4]
The testimony of all witnesses relating to an application for
development shall be taken under oath or reaffirmation by the presiding
officer and the right of cross examination shall be permitted to all
interested parties through their attorneys, if represented, or directly
if not represented, subject to the discretion of the presiding officer
and to reasonable limitations as to time and number of witnesses.
[Ord. No. 04-12 § 21-6.5]
Technical rules of evidence shall not be applicable to the hearing,
but the agency may exclude irrelevant, immaterial or unduly repetitious
evidence.
[Ord. No. 04-12 § 21-6.6]
The municipal agency conducting any hearing shall provide for a verbatim recording of the proceedings by either stenographer, mechanical or electronic means. Said municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense, pursuant to Subsection 21-7.6 of this chapter. Said transcript shall be certified in writing by the transcriber to be accurate.
[Ord. No. 04-12 § 21-6.7]
a.Â
Written decision. Each decision on any application for development
shall be reduced to writing as follows and shall include findings
of fact and conclusions based thereon.
The municipal agency shall provide such written decision and
findings and conclusions on the date of the meeting at which the municipal
agency grants or denies approval unless a resolution of memorialization
as provided in paragraph b is adopted by said agency.
b.Â
Resolution of memorialization. In the event the meeting at which the municipal agency grants or denies approval occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, the written decision may be provided by a resolution of memorialization adopted within 45 days of such meeting. The resolution of memorialization shall set forth the decision and the findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application as provided in Subsection 21-5.2d shall not be memorialized by a resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application pursuant to Subsection 21-9.2b. Whenever a resolution of memorialization is adopted in accordance with this subsection the date of the adoption of such resolution shall constitute the date of the decision for purposes of mailings, filings and publications required by subsections 21-6.8 and 21-6.9 of this chapter.
[Ord. No. 04-12 § 21-6.8]
A copy of the decision shall be mailed by the municipal agency
within 10 days of the decision to the applicant, or if represented
then to his attorney, without separate charge, and to all who request
a copy of the decision for a fee of $10. A copy of the decision shall
also be filed by the municipal agency in the office of the Borough
Clerk. The Borough Clerk shall make a copy of such filed decision
available to any interested party for a fee of $10 and available for
public inspection at his office during the hours from 9:00 a.m. to
4:00 p.m.
[Ord. No. 04-12 § 21-6.9]
A brief notice of the memorialized decision shall be published
in the official newspaper of the Borough or a newspaper of general
circulation in the Borough. Such publication shall be arranged by
the secretary of the municipal agency provided nothing contained in
this chapter shall be construed as preventing the applicant from arranging
such publication if he/she so desires. The Borough shall charge the
applicant the cost of said publication. The period of time in which
an appeal of the decision may be made shall run from the first publication
of the decision, whether arranged by the municipality or the applicant.
[Ord. No. 04-12 § 21-6.10]
The following hearings shall require a public notice be given
by publication in the official newspaper of the Borough, if there
be one, or in a newspaper of general circulation.
a.Â
An application for development, before the Planning Board, of a preliminary
plat of a minor or major subdivision.
b.Â
The adoption, revision or amendment of the Master Plan or any part
thereof by the Planning Board.
c.Â
Any application before the Board of Adjustment.
d.Â
An application for development, before the Planning Board, in which
relief is requested pursuant to § 47 of Chapter 291, Laws
of N.J. 1975.
e.Â
Adoption, revision or amendment of any development regulations by
the governing body.
f.Â
Adoption, revision or amendment of the Borough Official Map by the
governing body.
g.Â
Application for major site plans and minor site plans where exterior
modifications are proposed.
Notice shall be given by the applicant at least 10 days prior
to the date of the hearing and shall state the date, time and place
of the hearing, the nature of the matters to be considered, an identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Borough Tax Assessor's office, and the location and
times at which any maps and documents for which approval is sought
are available.
h.Â
Concept Plan Review (Informal Hearings).
[Ord. No. 04-12 § 21-6.11]
All hearings requiring a public notice shall meet the following
requirements:
a.Â
The public notice of the hearing shall be given to the owners of
all real property within the State of New Jersey shown on the current
tax duplicate located within 200 feet in all directions of the property
which is the subject of such hearing. Notice shall be given by serving
a copy thereof on the property owner as shown on said current tax
duplicate, or his agent in charge of the property or by mailing a
copy thereof by certified mail to the property owner at his address
as shown on the said current tax duplicate. Notice to a partnership
owner may be made by service upon any partner. Notice to a corporate
owner may be made by service upon its president, a vice president,
secretary or other person authorized by appointment or by law to accept
service on behalf of the corporation. This requirement shall be deemed
satisfied by notice to the condominium association, in the case of
any unit whose unit has a unit above or below it, or to the horizontal
property regime, in the case of any co-owner whose apartment has an
apartment above or below it. Notice to a condominium association,
horizontal property regime, community trust or homeowner's association,
because of its ownership of common elements or areas located within
200 feet of the property which is the subject of the hearing, may
be made in the same manner as to a corporation without further notice
to unit owners, co-owners, or homeowners on account of such common
elements or areas.
b.Â
Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the clerk of such
municipality.
c.Â
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing County road or proposed road shown
on the Official County Map or on the County Master Plan adjoining
other County land or situated within 200 feet of a municipal boundary.
d.Â
Notice shall be given by personal service or certified mail to the
New Jersey Commissioner of Transportation of a hearing on an application
for development of property adjacent to a State highway.
e.Â
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Municipal Clerk.
f.Â
Upon the written request of an applicant, the administrative officer
of a municipality shall, within seven days, make and certify a list
from said current tax duplicates of names and addresses of owners
to whom the applicant is required to give notice pursuant to paragraph
a of this subsection. The applicant shall be entitled to rely upon
the information contained in such list and failure to give notice
to any owner not on the list shall not invalidate any hearing or proceeding.
A fee pursuant to Subsection 21-7.1e shall be charged for such list.
g.Â
The applicant shall file an affidavit of proof of service with the
municipal agency holding the hearing on the application for development
in the event that the applicant is required to give notice pursuant
to this subsection.
[Ord. No. 04-12 § 21-6.12]
The Planning Board shall give:
a.Â
Public notice of a hearing on adoption, revision or amendment of
the Master Plan, such notice shall be given by publication in the
official newspaper of the Borough or in a newspaper of general circulation
in the Borough at least 10 days prior to the date of the hearing.
b.Â
Notice by personal service or certified mail to the Clerk of an adjoining
municipality of all hearings on adoption, revision or amendment of
a Master Plan involving property situated within 200 feet of such
adjoining municipality at least 10 days prior to the date of any such
hearing.
c.Â
Notice by personal service or certified mail to the County Planning
Board of all hearings on the adoption, revision or amendment of the
municipal Master Plan at least 10 days prior to the date of the hearing.
Such notice shall include a copy of any such proposed Master Plan,
or any revision or amendment thereto; and the adoption, revision or
amendment of the Master Plan not more than 30 days after the date
of such adoption, revision or amendment, such notice shall include
a copy of the Master Plan or revision or amendment thereto.
[Ord. No. 04-12 § 21-6.13]
[Ord. No. 04-12 § 2-6.14]
a.Â
Notice by personal service or certified mail shall be made to the
clerk of an adjoining municipality of all hearings on the adoption,
revision or amendment of a development regulation involving property
situated within 200 feet of such adjoining municipality at least 10
days prior to the date of such hearing.
b.Â
Notice by personal service or certified mail shall be made to the
County Planning Board of all hearings on the adoption, revision or
amendment of any development regulation at least 10 days prior to
the date of the hearing. Notice by personal service or certified mail
shall be made by the County Planning Board of the adoption, revision
or amendment of the municipal Capital Improvement Program or municipal
Official Map not more than 30 days after the date of such adoption,
revision or amendment. Any notice provided hereunder shall include
a copy of the proposed development regulation, the municipal Official
Map or the municipal Capital Improvement Program, or any proposed
revision or amendment thereto, as the case may be.
c.Â
Notice of hearings to be held pursuant to this subsection shall state
the date, time and place of the hearing and the nature of the matters
to be considered. Any notice by certified mail pursuant to this subsection
shall be deemed complete upon mailing.
[Ord. No. 04-12 § 2-6.15]
When any hearing before the Planning Board or Board of Adjustment,
as the case may be, shall carry over two or more meetings, a member
of the municipal agency conducting said hearing absent for one or
more of the meetings, shall be eligible to vote on the matter upon
which the hearing was conducted, notwithstanding his absence from
one or more of the meetings, provided, however, that said member has
available to him/her a transcript or recording of the meeting from
which he/she was absent and certifies in writing to the agency that
he/she has read such transcript or listened to such recording, prior
to his voting or participating on any decision on the matter.
[Ord. No. 04-12 § 21-7.1; Ord. No. 07-03; Ord. No.
09-08; Ord. No. 2010-25; Ord. No. 2012-11; Ord. No. 2017-08; amended 5-28-2019 by Ord. No. 2019-22]
Every application for development shall be accompanied by a
check payable to the Borough of Bound Brook in accordance with the
following schedule:
|
Application Charge
|
plus
|
Escrow Account
| ||||
|---|---|---|---|---|---|---|
|
a.
|
Subdivisions:
| |||||
|
1.
|
Minor Plat
|
$300
|
$1,600 plus $100 per lot
| |||
|
2.
|
Preliminary Major Plat
|
$300
|
$350 plus $100 per lot
| |||
|
3.
|
Final Major Plat
|
$150
|
$2,400
| |||
|
4.
|
Informal Presentation
| |||||
|
(One appearance only — a maximum of 15 minutes)
|
-0-
|
None required
| ||||
|
5.
|
Concept Plat for Review
| |||||
|
(a)
|
Minor Subdivision
|
$300
|
$1,600
| |||
|
(b)
|
Major Subdivision
|
$300
|
$1,600
| |||
|
b.
|
Site Plans:
| |||||
|
1.
|
Minor Site Plan
|
$150
|
$2,000
| |||
|
2.
|
Preliminary Plan
|
$300
|
$3,600
| |||
|
3.
|
Final Plan
|
$300
|
$2,000
| |||
|
4.
|
Informal Presentation
|
-0-
|
None required
| |||
|
(One appearance only — a maximum of 15 minutes)
|
None required
| |||||
|
5.
|
Concept Plan for Review
| |||||
|
(a)
|
Minor Site Plan
|
$300
|
$2,000
| |||
|
(b)
|
Major Site Plan
|
$300
|
$2,000
| |||
|
6.
|
Request for Waiver of Site Plan
|
$200
|
$2,000
| |||
|
c.
|
Variances:
| |||||
|
1.
|
Appeals (40:55D-70a)
|
$200
|
$800
| |||
|
2.
|
Interpretation (40:55D-70b)
|
$200
|
$800
| |||
|
3.
|
Bulk (40:55D-70c)
|
$300
|
$800
| |||
|
4.
|
Use (40:55D-70d)
|
$400
|
$3,200
| |||
|
5.
|
Permit (40:55D-34 & 35)
|
$300
|
$1,200
| |||
|
d.
|
Appeals to Borough Council (see § 21-8 of this chapter)
|
$400
|
$2,000
| |||
|
e.
|
Certified List of Property Owners
|
$025 per name or $10 whichever is greater
|
None required
| |||
|
f.
|
Copy of Minutes or Decisions
|
None required
| ||||
|
g.
|
Zoning Permit
| |||||
|
1.
|
Permit for temporary signs:
|
$75 annually for up to six applications; $25 for each additional
application made within the same year during which a previously issued
annual zoning (sign) permit is valid for the installation or mounting
of a temporary sign.
| ||||
|
2.
|
Residential
|
$50
| ||||
|
3.
|
Commercial
|
$100
| ||||
|
h.
|
Amendments to Submitted Plans/Applications
|
$150
|
$1,500
| |||
|
i.
|
Application for a Certificate of Nonconformity
|
$150
|
$1,500
| |||
[Ord. No. 04-12 § 21-7.2; Ord. No. 09-08; amended 2-25-2020 by Ord. No. 2020-08]
The application charge is a flat fee to cover administrative
expenses and is non-refundable. The escrow account is established
to cover the costs of professional services including engineering,
planning, legal and other expenses connected with the review of the
submitted materials. For Borough employees, the hourly rate shall
be 200% of the employee's hourly base salary which shall be established
annually by ordinance. All professionals shall submit vouchers to
the Chief Financial Officer of the municipality on a monthly basis
in accordance with the schedules and procedures established by the
Chief Financial Officer. The professional shall send an informational
copy of all vouchers or statements submitted to the Chief Financial
Officer of the municipality simultaneously to the applicant. Sums
not utilized in the review process shall be returned to the applicant.
If additional sums are deemed necessary, the applicant shall be notified
of the required additional account and shall add such sum to the escrow
within 15 days of the date of the notification of the short fall or
the application will be considered incomplete and all work or approvals
shall cease.
[Ord. No. 04-12 § 21-7.3]
Where one application for development includes several approval
requests, the sum of the individual required fees shall be paid.
[Ord. No. 04-12 § 21-7.4]
Each applicant for subdivision or site plan approval shall agree
to pay all reasonable costs for professional review of the application.
All such costs for review must be paid before any approved plat, plan
or deed is signed. All remaining costs must be paid in full before
any occupancy of the premises is permitted or Certificate of Occupancy
issued.
[Ord. No. 04-12 § 21-7.5]
If the applicant desires a court reporter, the cost for taking
testimony and transcribing it and providing a copy of the transcript
to the Borough shall be at the expense of the applicant who shall
arrange for the reporter's attendance.
[Ord. No. 04-12 § 21-7.6]
If, at a later date, the applicant desires a transcript of any
meeting, hearing or other proceeding, the cost of said transcript
shall be $5 per page. In addition, the applicant will be required
to place a $50 deposit when requesting such a transcript. Any balance
due or refund due will be made upon delivery of the transcript. A
duplicate recording of such proceedings will be provided at a cost
of $15.
[Added 6-28-2022 by Ord.
No. 2022-17]
a.Â
New license application fees for a Class 1 cultivation license or
a Class 2 manufacturing license:
1.Â
First submittal: $150,000. The following is required with a first
submittal:
2.Â
A cannabis business license selection committee shall be appointed
by the Mayor and Council to administratively sort, review, consider
and recommend to the governing body each business applicant. Final
selection shall be made by the governing body via a resolution adopted
at a public meeting.
3.Â
If a business is not selected, $145,000 of the first submittal license
application fee will be returned.
b.Â
Renewal application fee: $50,000, which is nonrefundable.
[Added 6-28-2022 by Ord.
No. 2022-17]
The following provisions applicable to the classes of cannabis
businesses permitted in the Borough pursuant to this section shall
control:
a.Â
Rate; applicability.
1.Â
The sale of cannabis or cannabis items by a cannabis establishment
located in the Borough shall be taxed at a rate of 2% for a Class
1 cultivation cannabis license; 2% for a Class 2 cannabis license;
and 2% of receipts from each sale by a cannabis retailer, including
a cannabis microbusiness.
2.Â
The tax shall be imposed on receipts from the sale of cannabis by
a cultivator to another cannabis cultivator; receipts from the sale
of cannabis items from one cannabis establishment to another cannabis
establishment; receipts from the retail sales of cannabis items by
a cannabis retailer to retail consumers who are 21 years of age or
older; or any combination thereof.
3.Â
The Borough shall also impose a user tax, at the equivalent transfer
tax rates, on any concurrent license holder, as permitted by Section
33 of P.L. 2021, c. 16 (N.J.S.A. 24:6I-46), operating more than one
cannabis establishment. The user tax shall be imposed on the value
of each transfer or use of cannabis or cannabis items not otherwise
subject to the transfer tax imposed pursuant to this section, from
the license holder's establishment that is located in the municipality
to any of the other license holder's establishments, whether located
in the municipality or another municipality.
b.Â
Exemptions; collection.
1.Â
A transfer tax or user tax imposed pursuant to this section shall
be in addition to any other tax imposed by law. Any transaction for
which the transfer tax or user tax is imposed, or could be imposed,
pursuant to this section, other than those which generate receipts
from the retail sales by cannabis retailers, shall be exempt from
the tax imposed under the Sales and Use Tax Act, P.L. 1966, c. 30
(N.J.S.A. 54:32B-1 et seq.). The transfer tax or user tax shall be
collected or paid, and remitted to the Borough by the cannabis establishment
from the cannabis establishment purchasing or receiving the cannabis
or cannabis item, or from the consumer at the point of sale, on behalf
of the municipality by the cannabis retailer selling the cannabis
item to that consumer. The transfer tax or user tax shall be stated,
charged, and shown separately on any sales slip, invoice, receipt,
or other statement or memorandum of the price paid or payable, or
equivalent value of the transfer, for the cannabis or cannabis item.
2.Â
Every cannabis establishment required to collect a transfer tax or
user tax imposed by ordinance pursuant to this section shall be personally
liable for the transfer tax or user tax imposed, collected, or required
to be collected under this section. Any cannabis establishment shall
have the same right with respect to collecting the transfer tax or
user tax from another cannabis establishment or the consumer as if
the transfer tax or user tax was a part of the sale and payable at
the same time, or with respect to nonpayment of the transfer tax or
user tax by the cannabis establishment or consumer, as if the transfer
tax or user tax was a part of the purchase price of the cannabis or
cannabis item, or equivalent value of the transfer of the cannabis
or cannabis item, and payable at the same time; provided, however,
that the chief fiscal officer of the municipality which imposes the
transfer tax or user tax shall be joined as a party in any action
or proceeding brought to collect the transfer tax or user tax.
3.Â
No cannabis establishment required to collect a transfer tax or user
tax imposed by ordinance pursuant to this section shall advertise
or hold out to any person or to the public in general, in any manner,
directly or indirectly, that the transfer tax or user tax will not
be separately charged and stated to another cannabis establishment
or the consumer, or that the transfer tax or user tax will be refunded
to the cannabis establishment or the consumer.
[Added 6-28-2022 by Ord.
No. 2022-17]
a.Â
Every cannabis business shall submit a quarterly tax report to the
Borough Clerk. The Borough may request an audit at the licensee's
expense for any and all reasons or no reason at all. The burden of
proving that any transaction is exempt from the tax shall be upon
the licensee. It shall be the duty of every licensee to maintain,
keep and preserve suitable records of all sales made by the licensee
and such other books or accounts as may be required to determine the
amount of the tax of which the licensee is liable under this section.
It shall be the duty of every such licensee to keep and preserve for
a period of five years all such books, invoices, and other records
and the same shall be open for examination by the Borough Clerk or
his/her designee.
b.Â
Liens.
1.Â
In the event that the transfer tax or user tax imposed by ordinance
pursuant to the above section or this section is not paid as and when
due by a cannabis establishment, the unpaid balance, and any interest
accruing thereon, shall be a lien on the parcel of real property comprising
the cannabis establishment's premises in the same manner as all other
unpaid municipal taxes, fees, or other charges. The lien shall be
superior and paramount to the interest in the parcel of any owner,
lessee, tenant, mortgagee, or other person, except the lien of municipal
taxes, and shall be on a parity with and deemed equal to the municipal
lien on the parcel for unpaid property taxes due and owing in the
same year.
2.Â
A municipality shall file in the office of its Tax Collector a statement
showing the amount and due date of the unpaid balance and identifying
the lot and block number of the parcel of real property that comprises
the delinquent cannabis establishment's premises. The lien shall be
enforced as a municipal lien in the same manner as all other municipal
liens are enforced.
c.Â
All revenues collected from a transfer tax or user tax imposed by
ordinance pursuant to the above section or this section shall be remitted
to the chief financial officer of the municipality in a manner prescribed
by the municipality. The chief financial officer shall collect and
administer any transfer tax or user tax imposed by ordinance pursuant
to this section. The municipality shall enforce the payment of delinquent
taxes or transfer fees imposed by ordinance pursuant to this section
in the same manner as provided for municipal real property taxes.
[Ord. No. 04-12 § 21-8.1]
Any interested party may appeal to the governing body:
Any final decision of the Board of Adjustment approving an application
for development pursuant to § 57, Paragraph (d) of Chapter
291, Laws of N.J. 1975.
[Ord. No. 04-12 § 21-8.2]
Any appeal listed in Subsection 21-8.1 shall be made within 10 days of the date of publication of such final decision pursuant to N.J.S.A. 40:55D-10i. The appeal to the governing body shall be made by serving the Borough Clerk in person or by certified mail with a notice of appeal specifying the ground thereof and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Planning Board and Board of Adjustment.
[Ord. No. 04-12 § 21-8.3]
Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to Subsection 21-6.8 and to the Board from which the appeal is taken at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting and the governing body shall provide for verbatim recording and transcripts of such meeting pursuant to Subsection 21-6.6.
[Ord. No. 04-12 § 21-8.4]
The appellant shall, either within the five days of service of the notice of the appeal pursuant to Subsection 21-8.1 arrange for a transcript pursuant to Subsection 21-6.6 for use by the Borough Council and pay a deposit of $50 of the estimated cost of such transcription, whichever is less, or within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Borough Clerk; otherwise, the appeal may be dismissed for failure to prosecute.
The Borough Council shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to Subsection 21-6.9 unless the applicant consents in writing to an extension of such period. Failure of the Borough Council to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Board from which the appeal has been taken.
[Ord. No. 04-12 § 21-8.5]
Any interested party may appeal to the governing body any final decision of a Board of Adjustment approving an application for development pursuant to Subsection d of § 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70), if so permitted by ordinance. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to Subsection I of § 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10). The appeal to the governing body shall be made by serving the Municipal Clerk in person or by certified mail with a notice of appeal, specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Board of Adjustment. Procedure established as N.J.S.A. 40:55D-17 shall be followed.
[Ord. No. 04-12 § 21-8.6]
An appeal to the governing body shall stay all proceedings in
furtherance of the action in respect to which the decision appealed
from was made unless the Board from whose action the appeal is taken
certifies to the governing body, after the notice of appeal shall
have been filed by such Board, that by reasons of fact stated in the
certificate a stay would, in its opinion, cause imminent peril to
life or property. In such case, proceedings shall not be stayed other
than by an order of the Superior Court on application upon notice
to the Board from whom the appeal is taken and on good cause shown.
[Ord. No. 04-12 § 21-8.7]
The governing body shall mail a copy of the decision to the
appellant or if represented then to his attorney, without separate
charge, and for a reasonable charge to any interested party who has
requested it, not later than 10 days after the date of the decision.
A brief notice of the decision shall be published in the official
newspaper of the municipality, or in a newspaper of general circulation
in the municipality. Such publication shall be arranged by the Borough
Clerk provided that nothing contained herein shall be construed as
preventing the applicant from arranging such publication if he/she
so desires. The governing body shall charge the applicant for its
publication. The period of time in which an appeal to a court of competent
jurisdiction may be made shall run from the first publication, whether
arranged by the municipality or the applicant.
[Ord. No. 04-12 § 21-8.8]
Nothing in this chapter shall be construed to restrict the right
of any party to obtain a review by any court of competent jurisdiction
according to law.
[Ord. No. 04-12 § 21-9.1; Ord. No. 10-19 § 1]
Prior to the subdivision or re-subdivision of land and prior
to the issuance of a building permit, demolition permit, zoning permit,
or certificate of occupancy or certification of compliance, change
in owner or tenant for any lot or structure, and prior to the erection
of any structure, alteration of the exterior of any structure used
for a nonresidential or multifamily use or alteration to land of a
nonresidential or multi-family use or any other development, an application
for subdivision or site plan, as the case may be, shall be submitted
to and approved by the Planning Board in accordance with the requirements
of this section; except that subdivision or individual lot applications
for detached one or two family dwelling unit buildings shall be exempt
from site plan review and approval.
a.Â
Eighteen copies of the application and development checklist for
subdivision or site plan approval shall be received by the administrative
officer at least 14 days prior to a regular meeting of the Planning
Board. All revisions shall be received by the administrative officer
at least 14 days prior to the date of the next meeting on which the
application is heard.
b.Â
Said application shall be made on forms available from the Director
of Inspections, shall be accompanied by the required filing fee and
required plans of the subdivision plat or site plan and any other
required documents as provided in the development checklist. An application
for final subdivision approval shall also be accompanied by the original
tracing of the preliminary subdivision or preliminary site plan plat.
c.Â
An application shall be certified by the approving authority as complete upon complying with the definition of "complete application," as set forth in § 21-2, for purposes of the commencement of the time period of action by the municipal agency. If the application for development is found to be incomplete, the developer shall be notified in writing of the deficiencies of completeness within 45 days of the receipt of such application or it shall be deemed to be properly submitted.
d.Â
The owner of the property or purchaser under contract that is the
subject of the application shall be present at the hearings.
e.Â
Waiver by Zoning Officer. Notwithstanding the provisions above, the
Zoning Officer may waive the requirement for site plan approval when
a proposed development (1) is a permitted use in the zone; (2) consists
solely of nonstructural changes to the interior of a structure; (3)
does not increase the number of parking spaces required by ordinance;
and (4) does not involve any substantial site development considerations.
[Ord. No. 04-12 § 21-9.2]
Upon receipt of an application, the Zoning Officer shall forward
same to either the Planning Board or Board of Adjustment depending
upon who has jurisdiction. If the Planning Board has jurisdiction,
the Zoning Officer shall forward same to the secretary of the Planning
Board who in turn shall forward same to the subdivision or site plan
committee and in addition shall send a copy to each of the following
for report and recommendation:
|
Borough Police Department
|
|
Borough Fire Department
|
|
Borough Engineer
|
|
County Planning Board
|
|
Board of Health
|
|
Borough Planning Consultant
|
|
Such other Municipal, County, State and Federal officials and
agencies as directed by the subdivision and site plan committee
|
|
The Redevelopment Advisory Committee, if the property lies within
the Redevelopment Area
|
a.Â
The subdivision or site plan committee shall review the application
along with reports required from any officials or agencies and shall
submit its findings and recommendations to the Planning Board.
b.Â
The Planning Board shall grant or deny the application within the
times of submission of a complete application prescribed by law or
within such further time as may be consented to by the applicant.
c.Â
Whenever review or approval of an application by the County Planning
Board is required by the County land development standards, the Planning
Board shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
d.Â
If the schedule of time of the Planning Board meeting allows insufficient
time for the Board to reach an informed determination regarding action
on an application within the time prescribed in this subsection, the
applicant shall be requested to consent to an extension of time.
e.Â
Prior to returning the approved plat or site plan to the applicant,
the applicant shall submit a minimum of six copies to the secretary
of the Planning Board for signature of the Board Chairman, Board Secretary
and Borough Engineer. A copy shall be directed to each of the following:
|
Borough Police Department
|
|
Borough Fire Department
|
|
Borough Clerk
|
|
Borough Engineer
|
|
Building Inspector
|
|
Tax Assessor
|
|
Planning Board Secretary
|
|
The Redevelopment Advisory Committee, if the property lies within
the Redevelopment Area
|
[Ord. No. 04-12 § 21-9.3]
At the request of the developer, the Planning Board may grant
an informal review of a concept plan for a development for which the
developer intends to prepare and submit an application for development.
A timeframe of 15 minutes shall be allocated for this review. A fee
may be required if a professional review is required. If a professional
review is required by the Board or if the property lies within a Redevelopment
Area, the applicant shall notice all property owners within 200 feet
of the lots in question. The concept plan is designed to enable the
Planning Board and the applicant to discuss and evaluate principles
and potential problems involved before the applicant has gone to the
expense of completing detailed engineering drawings as required for
further processing of the development application. The opinions offered
are not binding on the developer or on the Planning Board.
[Ord. No. 04-12 § 21-9.4]
Prior to the subdividing or re-subdividing of any land within the Borough which subdivision constitutes a minor subdivision as defined in § 21-2, a minor subdivision application shall be filed in accordance with Subsection 21-9.1 above and shall contain all data and information required in Subsection 21-9.12b.
Approval of a minor subdivision shall expire 190 days from the
date of municipal approval unless within such period a plat in conformity
with such approval and the provisions of the "Map Filing Law," P.L.
1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing
the approved minor subdivision is filed by the developer with the
County Recording Officer, the Borough Engineer and the Borough Tax
Assessor. Any such plat or deed accepted for such filing shall have
been signed by the Chairman and Secretary of the Planning Board. In
reviewing the application for development for a proposed minor subdivision,
the Planning Board may accept a plat not in conformity with the "Map
Filing Act," P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.); provided
that if the developer chooses to file the minor subdivision as provided
herein by plat rather than deed, such plat shall conform with the
provisions of said Map Filing Act.
[Ord. No. 04-12 § 21-9.5]
Any application for minor site plan, as defined in § 21-2, shall be filed which shall contain all data and information required in Subsection 21-9.12d.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor site plan approval was
granted, shall not be changed for a period of two years after the
date of minor site plan approval.
[Ord. No. 04-12 § 21-9.6]
Any application for approval of a preliminary subdivision and site plan shall be filed in accordance with Subsection 21-9.1 and shall contain all information as required in Subsection 21-9.12, as the case may be. The application will be forwarded to the Planning Board or Board of Adjustment for processing herein required. The subdivision committee shall report to the Planning Board on all subdivision applications and the site plan committee shall report to the Board on site plan applications.
a.Â
If the Board processing an application finds that said application is in substantial compliance with the development checklist, it shall deem the application complete and shall schedule a hearing on the application pursuant to § 21-6. If the application is found to be not in compliance, it shall so inform the applicant and shall require the filing of an amended application to deal with the deficient items of completeness.
b.Â
If, during the public hearing, the Planning Board requires any substantial
amendment in the layout of improvements proposed by the developer
that have been the subject of the hearing, an amended application
shall be submitted and proceeded upon as in the case of the original
application. After the Planning Board is satisfied that the proposed
application, together with any conditions as imposed by the Board,
meets all of the conditions of this chapter, it shall grant preliminary
approval.
c.Â
Preliminary approval shall, except as provided in subparagraph 4
below, confer upon the applicant the following rights for a three-year
period from the date of the preliminary approval.
d.Â
Demolition of structures for any nonresidential use shall require
site plan approval prior to the issuance of a demolition permit. The
site plan shall include the reconstruction plan and intended use to
which the premises shall be placed. The plan shall include an interim
plan for measures of landscaping and hard surface and soil stabilization
to be undertaken until there is implementation of the reconstruction
plan. Landscaping is intended to afford an attractive view from the
street and from adjacent properties. Prior to the issuance of a demolition
permit, a performance bond shall be posted with the Borough to assure
the installation of all the interim measures. If the interim measures
are not implemented within 90 days of Board approval, the Borough
shall cause calling of the bond and implementation of the interim
plan.
1.Â
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks,
lot size; yard dimensions and off-tract improvements; and, in the
case of site plan, any requirements peculiar to site plan approval
pursuant to Subsection 21-9.13b., except that nothing herein shall
be construed to prevent the municipality from modifying by ordinance
such general terms and conditions of preliminary approval as relate
to public health and safety;
2.Â
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat or site plan, as the
case may be;
3.Â
That the applicant may apply for and the Planning Board may grant
extensions on such preliminary approval for additional periods of
at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance
such revised standards may govern; and
4.Â
In the case of a subdivision of or site plan for an area of 50 acres
or more, the Planning Board may grant the rights referred to in paragraphs
1, 2 and 3 above for such period of time, longer than three years,
as shall be determined by the Planning Board to be reasonable taking
into consideration: the number of dwelling units and nonresidential
floor area permissible under preliminary approval; economic conditions;
and the comprehensiveness of the development. The applicant may apply
for an extension to preliminary approval for such additional period
of time as shall be determined by the Planning Board to be reasonable
taking into consideration: the number of dwelling units and nonresidential
floor area permissible under preliminary approval; and the potential
number of dwelling units and nonresidential floor area of the section
or sections awaiting final approval; economic conditions; and the
comprehensiveness of the development; provided that if the design
standards have been revised, such revised standards may govern.
[Ord. No. 04-12 § 21-9.7]
a.Â
Before recording of final subdivision plats or as a condition of
final site plan approval or as a condition to the issuance of a zoning
permit pursuant to Subsection d of § 52 of P.L. 1975, c.
291 (N.J.S.A. 40:55D-65), the approving authority may require and
shall accept in accordance with the standards adopted by ordinance
for the purpose of assuring the installation and maintenance of on-tract
improvements.
b.Â
The furnishing of a performance guarantee in favor of the municipality in an amount not to exceed 120% of the cost of installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in § 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), for improvements which the approving authority may deem necessary or appropriate. The Municipal Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
c.Â
Provision for a maintenance guarantee to be posted with the governing body for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in § 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the municipality for such utilities or improvements.
d.Â
The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in § 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), as of the time of the passage of the resolution.
[Ord. No. 04-12 § 21-9.8]
a.Â
All site improvements and utility installations for both site plans
and subdivisions shall be inspected during the time of their installation
under the supervision of the Borough Engineer to insure satisfactory
completion. The cost of said inspection shall be the responsibility
of the owner who shall deposit with the Borough Treasurer a sum of
$500 or 5% of the cost of improvements, whichever is greater. These
fees may, at the option of the developer be paid in two installments.
The initial amount deposited by a developer shall be 50% of the reasonably
anticipated fees. When the balance drops to 10% of the reasonably
anticipated fees because the amount deposited by the developer has
been reduced by the amount paid to the Borough Engineer for inspection,
the developer shall pay the remaining 50% of the anticipated fees.
For those developments for which the reasonably anticipated fees are
$10,000 or greater, fees may, at the option of the developer, be paid
in four installments. In the event of exceptional circumstances, the
Board may require the deposit of an amount in excess of that set forth
above for good cause shown.
b.Â
In no case shall any paving work be done without permission from
the Borough Engineer. At least two working days' notice shall be given
to the Borough Engineer prior to any construction so that he/she or
a qualified representative may be present at the time the work is
to be started.
c.Â
Streets shall not be paved with a wearing course until all heavy
construction is completed. Shade trees shall not be planted until
all grading and earth moving is completed. The seeding of grass and
the placing of surveyor's monuments shall be among the last operations.
d.Â
The Borough Engineer's office shall be notified prior to each of
the following phases of work so that he/she or a qualified representative
may inspect the work:
1.Â
Road subgrade.
2.Â
Curb and gutter forms.
3.Â
Curbs and gutters.
4.Â
Road paving.
5.Â
Sidewalk forms.
6.Â
Sidewalks.
7.Â
Drainage pipes and other drainage construction.
8.Â
Street name signs.
9.Â
Monuments.
10.Â
Sanitary sewers.
11.Â
Detention and/or retention basins.
12.Â
Topsoil, seeding and planting.
13.Â
Underground utilities.
e.Â
Any improvement installed contrary to the plan or plat approved by
the Board not in compliance with the Borough Engineer, County and
State jurisdictional approvals shall constitute just cause to void
the municipal approval.
Minor adjustments to the plan may be authorized by the site
plan committee and the Borough Engineer.
f.Â
Any improvement installed without notice for inspection as cited
hereinabove shall constitute just cause for:
1.Â
Removal of the uninspected improvement;
2.Â
The payment by the developer of any costs for material testing;
3.Â
The restoration by the developer of any improvements disturbed during
any material testing; and/or
4.Â
The issuance of a "stop work" order by the Borough Engineer pending
the resolution of any dispute.
g.Â
Inspection by the Borough of the installation of improvements and
utilities shall not operate to subject the Borough of Bound Brook
or any of its officials or employees to liability for claims, suits
or liability of any kind that may at any time arise because of defects
or negligence during construction or at any time thereafter; it being
recognized that the responsibility to maintain safe conditions at
all times during construction and to provide proper utilities and
improvements is upon the owner and his contractors, if any.
h.Â
Upon substantial completion of all required street improvements (except
for the top course) and appurtenant utility improvements, and the
connection of same to the public system, the obligor may request of
the governing body in writing, by certified mail addressed in care
of the Municipal Clerk, that the Municipal Engineer prepare, in accordance
with the itemized cost estimate prepared by the Municipal Engineer
and appended to the performance guarantee pursuant to paragraph a.,
a list of all uncompleted or unsatisfactory completed improvements.
If such a request is made, the obligor shall send a copy of the request
to the Municipal Engineer. The request shall indicate which of the
improvements have been completed and which improvements remain uncompleted
in the judgment of the obligor. Thereupon the Municipal Engineer shall
inspect all improvements covered by the obligor's request and shall
file a detailed list and report, in writing, with the governing body,
and shall simultaneously send a copy thereof to the obligor not later
than 45 days after receipt of the obligor's request.
[Ord. No. 04-12 § 21-9.9]
The Borough Council shall approve, partially approve or reject
the improvements, on the basis of the report from the Borough Engineer,
and shall notify the obligor, in writing, by certified mail, of the
Engineer's report and the action of the Borough Council, in a time
frame prescribed by law after the receipt of the notice of the obligor
of the completion of the improvements.
a.Â
Where partial approval is granted, the obligor shall be released
from all liability pursuant to the performance guarantee for such
improvements, except for that portion adequately sufficient to secure
provision of the improvements not yet approved; provided that 30%
of the performance guarantee posted may be retained to ensure the
completion of all improvements and that said 30% may be applied against
all improvements, regardless of when completed.
[Ord. No. 04-12 § 21-9.10]
The approval of any application for development by the Borough
shall in no way be construed as acceptance of any street or drainage
system, or any other improvements, nor shall such approval obligate
the Borough in any way to exercise jurisdiction over such street or
drainage system or other improvement. No improvement shall be accepted
by the Borough Council unless and until all of the following conditions
have been met:
a.Â
The Borough Engineer shall have certified in writing that the improvements
are completed and that they comply with the requirements of this chapter;
b.Â
The final application for development shall have been approved by
the Board;
c.Â
The owner shall have filed with the Borough Council a maintenance
guarantee in an amount equal to and not more than 15% of the cost
of installing the improvements. The maintenance guarantee shall run
for a period of two years. The procedures and requirements governing
such maintenance guarantee shall be identical with the procedures
and requirements for a performance guarantee set forth in this chapter.
The requirements for a maintenance guarantee may be waived by the
Board only if the Borough Engineer has certified that the improvements
have been in continuous use for not less than two years from the date
the Borough Engineer certified completion of such improvements in
a satisfactory manner; and
d.Â
An "as built" plan and profile of all utilities and roads (three
black and white prints plus a mylar copy to be sent to the Borough
Engineer), with certification signed and sealed by a New Jersey licensed
professional engineer as to the actual construction as approved by
the Borough Engineer, shall be provided.
[Ord. No. 04-12 § 21-9.11]
Application for approval of a final subdivision or a final site plan shall be filed in accordance with Subsection 21-9.1 and shall contain all the information prescribed in Subsection 21-9.12, paragraphs c and f, as the case may be. Said application shall be filed within the period prescribed in Subsection 21-9.1a and may be for the whole or a section or sections of preliminary plat or site plan, as the case may be. The application will be forwarded to the Planning Board or Board of Adjustment for processing as herein required. The subdivision committee or site plan committee shall report to the Planning Board on all subdivision applications and site plan applications respectively.
a.Â
If the Board processing an application finds that said application is in compliance with the general terms and conditions of the preliminary approval of said application and the development checklist for completion, it shall schedule a hearing on the application pursuant to § 21-6. If the application is found to be deficient in any respect, said Board shall so inform the applicant and shall require the filing of an amended application which shall be processed as in the case of the original application.
b.Â
After the Planning Board or Board of Adjustment, as the case may
be, is satisfied that the proposed application, together with any
conditions as imposed by said Board, meets all the conditions of preliminary
approval, it shall grant final approval.
c.Â
Whenever review or approval of the application by the County Planning Board is required by § 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or § 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Borough Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
d.Â
If final approval is granted, copies of the plat or site plan as
amended per conditions of the approving resolution shall be signed
by the Chairman and Secretary of the Board granting said approval
and the secretary shall file the approved plans with the following:
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Borough Police Department
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Borough Fire Department
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Borough Clerk
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Borough Engineer
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Building Inspector
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Tax Assessor
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Planning Board
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The Redevelopment Advisory Committee, if the property is within
the Redevelopment Area.
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e.Â
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Subsection 21-9.6c., whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that in the case of major subdivision, the rights conferred by the subsection shall expire if the plat has not been duly recorded within the time period provided in paragraph f. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has fully recorded the plat as required in paragraph f., the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to Subsection 21-9.6c for the section granted final approval.
f.Â
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period the plat shall
have been duly filed by the developer with the County Recording Officer.
The Planning Board may for good cause shown extend the period for
recording for an additional period not to exceed 90 days from the
date of signing of the plan.
No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to § 44 of Chapter 291, Laws of New Jersey 1975. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to Subsection 21-9.7. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void.
g.Â
Nothing contained in this chapter shall be construed to permit the
issuance of a building permit on any lot in a subdivision or on any
lot requiring site plan or waiver of site plan approval until final
approval as heretofore required is granted by the Planning Board or
Board of Adjustment, as the case may be, and signatures of the Chairman,
Secretary and Engineer have been affixed to the appropriate map and
conditions of any approving resolution have been fully satisfied and
properly filed by the County Recording Officer as herein required.
[Ord. No. 04-12 § 21-9.12]
In the event that the applicant believes that the requested
information is not pertinent to the application, a written request
for waiver may be submitted. This request should include a brief explanation
why the requirement is not necessary. In this case, the applicant
should provide a "W" in the space provided on the checklist. The application
will not be deemed incomplete if a written request for waiver accompanies
the checklist. In the event that a checklist requirement is not applicable,
the applicant should provide an "N/A" designation for the item not
applicable on the development checklist form.
Applications presented to the Board shall include sufficient
data to give the Board a full understanding of the request. Unless
otherwise specified, the following data is required for all applications
as part of the development checklist for a complete application:
a.Â
Variance Request.
Development Checklist.
1.Â
Submission of the correct application fee.
2.Â
Application form: 18 copies.
3.Â
Plans prepared by a N.J. Professional Land Surveyor or Professional
Engineer: 12 copies folded into eighths.
4.Â
Deed: three copies.
5.Â
Copy of all deed restrictions: three copies.
6.Â
Certification from Tax Collector that taxes have been paid.
7.Â
County application form as provided to the County Planning Board.
8.Â
Scale of no greater than one inch equal 50 feet.
9.Â
Key map of less than one inch equals 2,000 feet.
10.Â
Title block.
11.Â
Name and address of applicant.
12.Â
Name and address of owner.
13.Â
Owner consent of block, signed.
14.Â
Graphic and written scale.
15.Â
Signature approval block of Chairman, Secretary and Engineer.
16.Â
North arrow referenced to source.
17.Â
Existing block and lot numbers.
18.Â
Proposed lot and block numbers as received from Tax Assessor.
19.Â
Location and dimensions of existing and proposed buildings.
20.Â
Zone district in which the property lies. A listing of all zone
requirements for the zone and a listing of what is being provided.
21.Â
Flood plain delineation including flood fringe and floodway
H.U.D. reference.
22.Â
Topography of site based on U.S.G.S. datum.
23.Â
Landscaping plan.
b.Â
Minor subdivision.
1.Â
Submission of the correct application fee.
2.Â
Application form: 18 copies.
3.Â
Plans prepared by N.J. Professional Land Surveyor or Professional
Engineer: 12 copies folded into eighths.
4.Â
Deed: three copies.
5.Â
Copy of all deed restrictions: three copies.
6.Â
Certification from Tax Collector that taxes have been paid.
7.Â
County application form as provided to the County Planning Board.
8.Â
Scale of no greater than one inch equals 50 feet.
9.Â
Key map of less than one inch equals 2,000 feet.
10.Â
Title block.
11.Â
Name of subdivision.
12.Â
Name and address of subdivider.
13.Â
Name and address of owner.
14.Â
Owner consent of block, signed.
15.Â
Graphic and written scale.
16.Â
Acreage and square footage of original tract, subdivided parcels
and dedicated lands.
17.Â
Signature approval block of Chairman, Secretary and Engineer.
18.Â
North arrow referenced to source.
19.Â
Existing block and lot numbers.
20.Â
Proposed lot and block numbers as received from Tax Assessor.
21.Â
Location and dimensions of existing and proposed buildings and
driveways on site and within 100 feet.
22.Â
Watercourses and culverts on site and within 200 feet with stream
encroachment lines.
23.Â
Zone district in which the property lies. A listing of all zone
requirements for the zone and a listing of what is being provided.
24.Â
Flood plain delineation including flood fringe and floodway
H.U.D. reference.
25.Â
Topography of site based on U.S.G.S. datum.
26.Â
Monuments to be shown at all existing and proposed corners.
27.Â
Sight triangle provided on corner lots.
28.Â
Surveyor certification that the subdivision is based upon accurate
survey.
29.Â
Wooded areas.
30.Â
Landscaping plan.
c.Â
Major subdivision.
In addition to the requirements for minor subdivision, application
for major subdivision shall also contain the following information:
31.Â
Cross-sections of all streams traversing the property.
32.Â
Total area of drainage basin of any watercourse traversing the
property.
33.Â
Topography at two-foot vertical intervals on slopes less than
15%.
34.Â
Topography at five-foot intervals on slopes of greater than
15%.
35.Â
Note that utilities are to be installed underground.
36.Â
Street sign or on-site sign locations and detail.
d.Â
Preliminary site plan.
1.Â
Submission of the correct application fee.
2.Â
Application form: 18 copies.
3.Â
Plans prepared by N.J. Professional Land Surveyor or Professional
Engineer or Registered Architect: 12 copies folded into eighths.
4.Â
Deed: three copies.
5.Â
Copy of all deed restrictions: three copies.
6.Â
Certification from Tax Collector that taxes have been paid.
7.Â
County application form as provided to the County Planning Board.
8.Â
Scale of no greater than one inch equals 50 feet.
9.Â
Title block.
10.Â
Name and address of applicant.
11.Â
Name and address of owner.
12.Â
Owner consent of block, signed.
13.Â
Graphic and written scale.
14.Â
Acreage and square footage of original tract and dedicated lands.
15.Â
Signature approval block of Chairman, Secretary and Engineer.
16.Â
North arrow referenced to source.
17.Â
Existing block and lot numbers.
18.Â
Zone district in which the property lies. A listing of all zone
requirements for the zone and a listing of what is being provided.
19.Â
Flood plain delineation including flood fringe and floodway
H.U.D. reference.
20.Â
Sight triangle provided on corner lots.
21.Â
Surveyor certification that the application is based upon accurate
survey.
22.Â
Topography based on U.S.G.S. datum.
23.Â
Note that utilities are to be installed underground.
24.Â
Required number of parking stalls per ordinance and the number
proposed.
25.Â
Parking plan showing dimension spaces, aisles, access lanes
and handicapped stall locations.
26.Â
Floor plans and elevations with exterior.
27.Â
Landscaping plan.
28.Â
Lighting layout with point-to-point intensity illumination pattern
shown on the plan.
29.Â
Drainage plan.
30.Â
Street sign or on-site sign locations and detail.
31.Â
First floor topographic elevation.
32.Â
Architectural elevations, integrated into streetscape of buildings
200 feet either side of property.
33.Â
Dimensions of building curbs and sidewalks with details.
34.Â
Photographic depiction of building, integrated by size, scale
and architecture into streetscape of buildings 200 feet either side
of property.
e.Â
Waiver of site plan - deviations from the required site plan details.
If it can be demonstrated that because of peculiar conditions
relating to the property or proposed use, any of the above checklist
details are not necessary to properly and fully evaluate the site
plan, the Planning Board may modify or waive any or all of the specific
requirements for a site plan application. The applicant may request
relief from the requirements of the development checklist only if
the following is confirmed by the Zoning Officer in writing:
1.Â
The application does not request or require any interior or exterior
alteration (except for signage).
2.Â
The use has sufficient striped parking on the property according
to this chapter. All uses on the property must be considered cumulatively
to be in conformance with this chapter.
3.Â
There are no existing zoning violations of the property as affirmed
in writing by the Zoning Officer.
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In addition, the applicant must also submit 12 sets of the following
to the Board in support of this request as a matter of complete application:
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(a)
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Survey of the property and copy of prior approved site plan
(duly signed) or proof of prior waiver of site plan approval
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(b)
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Eight photographs of the property including parking, front and
rear areas
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(c)
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Written description of the prior use and proposed use
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(d)
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Description of the location of solid waste disposal area
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(e)
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Verification from the Tax Collector that taxes have been paid
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It is within the sole discretion of the Board whether the application
is of such a minor nature as to be eligible for a waiver of the information
otherwise required for the submission of a site plan application.
See Checklist requirements for Waiver of Site Plan Requests to the
Board.
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f.Â
Application of Final Subdivisions and Site Plans.
Development Checklist.
1.Â
Submission of the correct application fee.
2.Â
Application form: 12 copies.
3.Â
Plans prepared by N.J. Professional Land Surveyor or Professional
Engineer or Registered Architect: 12 copies folded into eighths.
4.Â
Deed: three copies.
5.Â
Copy of all deed restrictions: three copies.
6.Â
Certification from Tax Collector that taxes have been paid.
7.Â
County application form as provided to the County Planning Board.
8.Â
Engineer's Estimate of cost of improvements.
9.Â
Proof that all prior conditions have been met.
10.Â
Approved preliminary plans, signed by Chairman, Secretary and
Engineer: 18 copies.
[Ord. No. 04-12 § 2-9.13]
Prior to the granting of final approval of a major subdivision plat or site plan, the applicant shall have installed or furnished performance guarantees as set forth in Subsection 21-9.7 above for the ultimate installation of the improvements described below.
a.Â
Installations for subdivisions. The following improvements shall
be required for all major subdivisions:
1.Â
Street grading. The subdivider shall provide for the grading of all
street rights-of-way for their full width and shall provide slope-right
easements adjacent to the rights-of-way as required.
2.Â
Sight easements. When required by the Planning Board as being essential
to traffic safety, the subdivider shall provide for sight easements
at street intersections to allow for proper sight distances.
3.Â
Pavement and curbs. In all major subdivisions in all zones, the subdivider
shall construct a paved roadway 30 feet wide between Belgian-block
curbs, concrete curbs, or concrete curb and gutter, as required by
the Borough Engineer. Said paved roadway shall consist of a base of
five inch bituminous stabilized base course and a surface of 1Â 1/2
inch bituminous concrete surface course mix I-4 or mix I-5.
4.Â
Water. The subdivider shall make an adequate supply of water available
to each lot within the subdivision. The subdivider shall provide for
the installation of fire hydrants, as approved by the Borough. The
installation of all water supply shall be in accordance with the specifications
of the public utility serving the area as approved by the State public
utility commission.
5.Â
Drainage. Adequate provisions shall be made for water mains, culverts,
storm sewers and sanitary sewers, and all such installations shall
be properly connected with an approved system and shall be adequate
to handle all present and probable future development. Provisions
shall also be made for special problems of drainage during construction.
6.Â
Lot must be so graded as to prevent erosion or directing of water
into adjacent properties.
7.Â
Sidewalks. The subdivider shall construct a four-foot wide concrete
sidewalk on both sides of the street in all zones, as required by
the Planning Board.
8.Â
Shade trees. The developer shall plant nursery-grown shade trees
within the right-of-way on both sides of each street, eight feet in
from the curbline, if possible, so as not to interfere with possible
future utilities or sidewalks, not more than 50 feet apart. Shade
trees to be of at least 2Â 1/2 inches in diameter, to be measured
one-foot above grade, and of the following varieties: oak, linden,
sycamore, maple (except silver maple) or locust, and shall be trimmed
so lowest branches will be at least six feet above grade.
9.Â
Topsoil and tree protection. Topsoil moved during the course of construction
shall be redistributed so as to provide cover to all areas of the
subdivision and shall be stabilized by seeding or planting, provided,
however, that the depth of the topsoil need not exceed six inches
and provided further that said topsoil cover shall be at least four
inches in depth.
10.Â
Street signs. The subdivider shall provide street signs at all
intersections as required by the Borough Engineer.
11.Â
Manholes. The subdivider shall provide locking-type manholes
at locations other than in a public street paving.
12.Â
Driveway improvements. The subdivider shall pave all driveways
lying between the curb depression and the right-of-way line with concrete
not less than six inches thick.
13.Â
Survey monuments. To be of the size and shape required by N.J.S.A.
46:23-9.9 et seq. and shall be placed in accordance with such statute.
14.Â
Other improvements authorized in N.J.S.A. 40:55D-53.
b.Â
Installations for site plans. The following improvements shall be
required for all site plans. All off-street parking areas for nonresidential
use permitted in residential zones and all off-street parking areas
in nonresidential zones shall meet all of the following requirements:
1.Â
All off-street parking areas shall consist of a base of four inch
bituminous stabilized base course Mix I-2 and surface of 1Â 1/2
inch bituminous concrete surface course, Mix I-4 or Mix I-5. Alternate
specifications may be substituted if sufficient evidence can be presented
as to why the standard is not appropriate. All parking areas shall
be maintained in good condition, and shall be so graded and drained
as to dispose of surface waters to the satisfaction of the Borough
Engineer.
2.Â
All parking spaces within any parking area shall be clearly marked
to show the parking arrangements within said parking area.
3.Â
All lighting of off-street parking areas shall be so arranged and
shielded as to reflect the light downward and prevent any light from
shining directly on adjoining streets, residential zones and residential
buildings.
4.Â
All parking areas shall be effectively screened on any side which
abuts or faces any premises situated in any residential zone by a
fence, wall or hedge at least six feet in height, maintained in good
condition, if required, by the site plan approved by the Planning
Board; provided, however, that such fence, wall or hedge may be waived
by the Planning Board if, because of topographic or other extraordinary
or exceptional conditions the same shall not be necessary to protect
any abutting or facing premises situated in any residential zone.
5.Â
If any fence wall or hedge shall have been required for any parking
area under paragraph 4 above, then said fence, wall or hedge shall
be protected by a concrete curb or bumper guard, or the equivalent,
which shall run parallel to said fence, wall or hedge, be at least
five inches in height above the paved surface adjacent to said fence,
wall or hedge, and be a sufficient distance therefrom to protect said
fence, wall or hedge from the impact of motor vehicles. Utility poles
or railroad ties shall not be used to meet required curbing or bumper
guards.
6.Â
Every site plan shall show an area reserved for trash or refuse pick-up
as approved by the Planning Board. Such area shall be so located on
the premises that solid waste trucks have access to such area at all
times. Containers shall be enclosed or otherwise shielded from the
roadway and adjacent properties.
7.Â
Provisions which are to be made for the handicapped, particularly
as they relate to entranceways and ramps both within any new or remodeled
structure and any site improvements.
8.Â
Sidewalks shall be constructed on the site to adequately serve pedestrian
traffic as required by the Planning Board.
9.Â
Drainage. Adequate provisions shall be made for water mains, culverts,
storm sewers and sanitary sewers, and all such installations shall
be properly connected with an approved system and shall be adequate
to handle all present and probable future development. Provisions
shall also be made for special problems of drainage during construction.
10.Â
Landscaping in accordance with the approved plan. Shade trees shall be planted not more than 50 feet apart and conform to landscaping requirements in Subsection 21-9.15 b.
11.Â
Other improvements authorized in N.J.S.A. 40:55D-53.
[Ord. No. 04-12 § 21-9.14]
As a condition of preliminary approval and prior to any construction
or the filing of an application for final approval of a subdivision
or a site plan, the applicant shall have made cash payments, or, with
the consent of the Borough, installed, in the manner provided below
with respect to the immediate or ultimate installation of any required
off-tract improvements.
a.Â
Allocation of costs. Criteria in Determining Allocation. The allocation
of costs for off-tract improvements as between the applicant, other
property owners and the Borough or any one or more of the foregoing,
shall be determined by the Planning Board, with the assistance of
the appropriate Borough agencies, on the basis of the total cost of
the off-tract improvements, the increase in market values of the property
affected and any other benefits conferred, the needs created by the
application, population and land use projections for the general area
of the applicant's property and other areas to be served by the off-site
improvements, the estimated time of construction of the off-site improvements,
and the condition and periods of usefulness, which periods may be
based upon the criteria of N.J.S.A. 40:A:2-22. Requirements for off-tract
improvements shall be consistent with § 30 of P.L. 1975,
Chapter 291. In addition, the following criteria may also be considered,
as well as any other reasonable criteria the Board feels is necessary
to protect the health, safety and general welfare of the Borough.
1.Â
Street, curb, sidewalk, shade trees, streetlights, street signs and
traffic light improvements may also be based upon the anticipated
increase of traffic generated by the application. In determining such
traffic increase, the Planning Board may consider traffic counts,
existing and projected traffic patterns, quality of roads and sidewalks
in the area and other factors related to the need created by the application
and anticipated benefit thereto.
2.Â
Drainage facilities may also be based upon or be determined by the
drainage created by or affected by a particular land use, considering:
(a)Â
The percentage relationship between the acreage of the application
and the acreage of the total drainage basin;
(b)Â
The use of a particular site and the amount of area to be covered
by impervious surfaces on the site itself; and
(c)Â
The use, condition or status of the remaining area to the drainage
basin.
3.Â
Water supply and distribution facilities may be also based upon the
added facilities required by the total anticipated water use requirements
of the property of the applicant and other properties in the general
area benefiting therefrom.
4.Â
Sewerage facilities may be based upon the proportion that the total
anticipated volume of sewage effluent of the applicant's property
and other properties connected to the new facility bears to the existing
capacity of existing sewerage facilities, including but not limited
to lines and other appurtenances leading to and servicing the applicant's
property. Consideration may also be given to the types of effluent
and particular problems requiring special equipment or added costs
for treatment. In the event the applicant's property shall be permitted
to be connected to existing sewer facilities, the applicant shall
pay a charge or be assessed in accordance with law.
b.Â
Determination of cost of improvements. The cost of installation of
the required off-tract improvements shall be determined by the Planning
Board with the advice of the Borough Engineer and appropriate Borough
agencies.
c.Â
Manner of construction. When those estimates are received, the governing
body shall then decide whether the off-tract improvement is to be
constructed:
d.Â
Amount of contribution. When the manner of construction has been
determined, the applicant may be required to provide a cash deposit
to the Borough of one of the following amounts:
1.Â
If the improvement is to be constructed by the Borough as a general
improvement, an amount equal to the difference between the estimated
costs of the improvement and estimated total amount, if less, by which
all properties to be serviced thereby, including the subject property,
will be specifically benefited by the off-tract improvement;
2.Â
If the improvement is to be constructed by the Borough as a local
improvement, then in addition to the amount referred to in paragraph
1 above the estimated amount by which the subject property will be
specifically benefited by the off-tract improvement; or
3.Â
If the improvement is to be constructed by the applicant, an amount
equal to the estimated costs of the off-tract improvement, less an
offset for benefits to properties other than the subject property.
e.Â
Payment of allocated cost.
1.Â
The estimated costs of the off-tract improvement allocated to the
applicant if deposited in cash, shall be paid by the applicant to
the Borough Treasurer who shall provide a suitable depository therefor,
and such funds shall be used only for the off-tract improvements for
which they are deposited or improvements serving the same purpose,
unless such improvements are not initiated by the Borough within a
period of 10 years from the date of payment, after which time said
funds so deposited shall be returned together with accumulated interest
or other income thereon, if any.
2.Â
In the event the payment by the applicant to the Borough Treasurer
provided for herein is less than its share of the actual cost of the
off-tract improvements then it shall be required to pay its appropriate
share of the cost thereof.
3.Â
In the event the payment by the applicant to the Borough Treasurer
provided for above is more than its appropriate share of the actual
cost of installation of the off-tract improvements, it or its successor
or assigns, shall be repaid an amount equal to the difference between
the deposit and its share of the actual costs.
4.Â
If the applicant shall deem that any of the amounts so estimated
by the Planning Board are unreasonable, it may challenge them and
seek to have them revised in appropriate proceedings to compel subdivision
or site plan approval.
5.Â
If the applicant and the Planning Board cannot agree with respect
to the applicant's appropriate share of the actual cost of the off-tract
improvement, or the determination made by the officer or Board charged
with the duty of making assessments as to special benefits, if the
off-tract improvement is to be constructed as a local improvement,
no approval shall be granted, provided, however, that the applicant
may challenge such determination and seek to have it revised in appropriate
judicial proceedings in order to compel subdivision or site plan approval.
f.Â
Assessment of properties. Upon receipt from the applicant of its
allocated share of the costs of the off-tract improvements, the Borough
may adopt a local Improvement Assessment Ordinance for the purpose
of construction and installation of the off-tract improvements based
upon the actual cost thereof. Any portion of the cost of the improvements
not defrayed by a deposit by the applicant may be assessed against
benefiting property owner by the Borough. Any assessments for benefits
conferred made against the applicant or his successors in interest
shall be first offset by a pro rata share credit of the allocated
costs previously deposited with the Borough Treasurer pertaining thereto.
The applicant or his successors in interest, shall not be liable for
any part of an assessment for such improvements unless the assessment
exceeds the pro rata share credit for the deposit, and then only to
the extent of the deficiency.
g.Â
Credit for work performed. In the event the applicant, with the Borough's
consent decides to install and construct the off-tract improvement,
or any portion thereof, the certified costs shall be treated as a
credit against any future assessment for that particular off-tract
improvement, or portion thereof, constructed by the Borough in the
same manner as if the subdivider had deposited its apportioned cost
with the Borough Treasurer, as provided herein.
h.Â
Installation of improvements by applicant.
1.Â
At the discretion and option of the Borough and with the consent
of the applicant, the Borough may enter into a contract with the applicant,
providing for the installation and construction of the off-tract improvements
by the applicant upon contribution by the Borough of the remaining
unallocated portion of the cost of the off-tract improvement.
2.Â
In the event the Borough so elects to contribute to the cost and
expense of installation of the off-site improvements by the applicant,
the portion contributed by the Borough shall be subject to possible
certification and assessment as a local improvement against benefiting
property owners in the manner provided by law, if applicable.
i.Â
Compliance to design criteria. Should the applicant and the Borough
enter into a contract for the construction and erection of the off-tract
improvements to be done by the applicant, it shall observe all requirements
and principles of this chapter in the design of such improvements.
[Ord. No. 04-12 § 21-9.15; Ord. No. 2008-05; Ord.
No. 2015-01; Ord. No. 2015-24; Ord. No. 2016-05]
a.Â
Subdivisions. The applicant shall observe the following requirements
and principles of land subdivision in the design of each subdivision
or portion thereof:
1.Â
The subdivision plat shall conform to design standards that will
encourage good development patterns within the Borough.
2.Â
The subdivision shall conform to the proposals and conditions shown
on the Borough's Official Map and Master Plan particularly as they
pertain to streets, drainage rights-of-way, school sites, public parks
and playgrounds and other public lands.
3.Â
No subdivision showing reserve strips controlling access to streets
shall be approved except where the control and disposal of land comprising
such strips has been placed in the governing body under conditions
approved by the Planning Board.
4.Â
Grades. Grades of arterial, primary and secondary roads shall be
determined by the State or County. Collector streets shall not exceed
8%. Grades on other streets shall not exceed 10%. No street shall
have a minimum grade of less than 1%.
5.Â
Intersections.
(a)Â
Street intersections shall be laid out as nearly at right angles
as possible and in no case shall be less than 60°. The block corners
at intersections shall be rounded at the right-of-way line with a
twenty-five-foot radius curve and at the curbline with a curve having
a radius of not less than 35 feet.
(b)Â
Jogs. Street jogs with center-line offsets of less than 125
feet shall be prohibited.
(d)Â
Intersections shall be designed with a flat grade wherever practical.
(f)Â
Sight triangles. Sight triangles shall be in accordance with
1990 AASHTO, "A Policy on Geometric Design of Highways and Street
Standards," and based on the speed limits established by the government
agency having jurisdiction. Sight triangle easements shall be required
and shall include the area on each street corner that is bounded by
the line which connects the sight or "connecting" points located on
each of the right-of-way lines of the intersection street.
The planting of trees or other plantings, or the location of
structures exceeding 30 inches in height that would obstruct the clear
sight across the area of the easements, shall be prohibited; and a
public right-of-entry shall be reserved for the purpose of removing
any object, material or otherwise, that obstructs the clear sight.
6.Â
Trees and shrubbery. See paragraph d below for additional standards.
7.Â
No name applied to any street shall duplicate or so nearly resemble
the name of any existing street within the Borough as to cause confusion.
In the case of a direct extension of an existing street, the same
name shall be used unless the Board shall otherwise direct. The Planning
Board shall, in writing, refer the names of all streets to the Borough
Council for approval in connection with the purposes of this subsection
prior to final approval. The Borough Council shall by resolution within
30 days of such referral, give its approval of names submitted or
indicate those street names in conflict with any existing street and
recommend a change thereof.
8.Â
No street shall have a right-of-way width of less than 50 feet and
the entire street width shall be graded. Subdivision that adjoin existing
streets that do not conform to widths as shown on the Master Plan
or widths as required above shall dedicate additional width along
one or both sides of said street. Said additional width shall be equal
to 1/2 the required street measured from the center line of the street.
9.Â
Lot dimensions and area shall not be less than the requirements of
the zoning regulations.
10.Â
Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
11.Â
Where there is a question as to the suitability of a lot or
lots for their intended use due to factors such as rock formations,
flood conditions or similar circumstances or where the subdivision
indicates that a variance would be required to provide for an average
house meeting zoning requirements, the Planning Board may, after adequate
investigation withhold approval of such lots.
12.Â
Single structures with multiple ownership shall provide facade
and roof treatments which are not dissimilar.
13.Â
Concrete curbing should be utilized consistently within the
business districts of the Borough, including the current B-1, B/R,
OB, NB/R, RB-1, RB/SR Zones and any area designated in the future
for business use.[1]
Belgian block curbing should be utilized within current residential
districts of the Borough, including existing residential zones, and
any area designated in the future for residential use; provided, however,
concrete curbing should be utilized in those residential areas: (a)
where sidewalks directly abut the curbing; or (b) where a proposed
project would be adjacent to or within such close proximity to existing
concrete curbing that the intended aesthetic or functional goal of
using Belgian block curbing would not be achieved.
[1]
Editor's Note: The NB/R District was repealed 6-27-2023 by Ord. No. 2023-028 and incorporated into the Business/Residential (B/R) District.
14.Â
No curb cut shall be permitted in any zone which is nearer than
25 feet to intersecting right-of-way lines on any corner lot.
b.Â
Site plans. The applicant shall observe the following requirements
and principles in the development of a site plan or portion thereof:
2.Â
A buffer of 15 feet in width shall be reserved along any residential
zone. Buffer areas shall include a six foot high solid wooden fence
with "good" side facing the residential use. Shrubbery shall be planted
along the residential side of the fence so as to soften the appearance
of the fence.
3.Â
That adequate provision is made for the disposal of stormwater as
approved by the Engineer.
4.Â
That the location design or construction of any building is not likely
to involve risks of traffic congestion, public safety or hazard.
5.Â
That the design or construction of any building or use will not be
so markedly incongruous with the character of the neighborhood as
to materially affect the value of adjacent or nearby property.
6.Â
All parts of all yards not used for off-street parking area shall
be adequately landscaped, subject to approval by the Planning Board
and maintained in good condition.
7.Â
All such parking areas shall be used only for the parking of automobiles.
No commercial repair work or sales of any kind shall be conducted
in any parking area. No sign other than entrance, exit, identification
and conditions-of-use signs shall be maintained in any parking area.
Nothing herein contained shall be construed to permit any required
parking area to be used for the commercial storage of new or used
motor vehicles by a new or used car dealer or motor vehicle rental
agency.
8.Â
All parking areas and structures shall be provided with adequate
means of ingress and egress which shall be kept open and unobstructed
at all times and which shall be designed to provide service driveways
or aisles to meet the following minimum standards:
9.Â
Any part of any entrance to or exit from any parking area shall be
at least 10 feet distance from any abutting property located in any
residential zone.
10.Â
Any owners of property in the nonresidential zone districts
or nonresidential uses may meet the required parking provisions of
this chapter by participating in a joint parking program involving
two or more nonresidential uses; provided that plans for such a joint
program shall have been approved by the Planning Board; and provided
further that the area for the parking facilities shall equal the collective
parking area requirements of the participating properties to be serviced.
11.Â
Within the business districts of the Borough, including the
B-1, O-B, NB/R, B/R and RB-1 Districts, curbing will be installed
on the perimeter of all parking areas in accordance with the following
criteria:[2]
(a)Â
Granite block curb adjacent to any nonimpervious surface;
(b)Â
Concrete curb (six inches by eight inches by 18 inches 0.4500
psi) adjacent to impervious surface.
|
Whenever a site plan or subdivision are submitted for a property
not having curbs and sidewalks or curbs and sidewalks deemed to be
in need of repair, the Land Use Board will require the applicant to
install or replace these items upon the recommendation of the Board
Engineer.
|
[2]
Editor's Note: The NB/R District was repealed 6-27-2023 by Ord. No. 2023-028 and incorporated into the Business/Residential (B/R) District.
12.Â
All such parking areas shall be used only for the parking of
automobiles. No commercial repair work or sales of any kind shall
be conducted in any parking areas. No sign other than entrance, exit,
identification and conditions of use signs shall be maintained in
any parking area. No vehicles with names or logos of the premises
shall be parked in the front yard area unless such vehicle is listed
as a "sign" and complies with the regulations for signage. Nothing
herein contained shall be construed to permit any required parking
area to be used for the commercial storage of new or used motor vehicles
by a new or used car dealer or motor vehicle rental agency.
13.Â
The Planning Board shall consider the effect of any parking
area upon traffic safety and abutting properties and shall ascertain
that all requirements of this chapter are met.
14.Â
Off-street parking facilities shall be located as hereinafter
specified in this subsection. Where a distance is specified, it shall
be the distance measured from the nearest point of the parking facility
to the nearest point of the building that such facility is required
to serve. For all residential buildings regardless of the district
in which they may be located, and for all nonresidential buildings
in residence zone districts, required parking shall be provided on
the same lot with the building unless specifically permitted in this
chapter. For all nonresidential uses in nonresidential zone districts,
required parking shall be provided within 150 feet of such use.
15.Â
Off-street parking is permitted in the front yard in only the
I-P and B-1 Zones and in any side or rear yard of all other zones.
Nothing contained herein shall be construed to prohibit parking within
the driveway in the front yard in any residential zone provided that
parking lots within the front yard of any residential zone are specifically
prohibited.
16.Â
Single structures with multiple ownership shall provide facade
and roof treatments which are not dissimilar.
17.Â
Concrete curbing should be utilized consistently within the
business districts of the Borough, including the current B-1, B/R,
OB, NB/R, RB-1, RB/SR Zones and any area designated in the future
for business use.[3]
Belgian block curbing should be utilized within current residential
districts of the Borough, including existing residential zones, and
any area designated in the future for residential use; provided, however,
concrete curbing should be utilized in those residential areas: (a)
where sidewalks directly abut the curbing; or (b) where a proposed
project would be adjacent to or within such close proximity to existing
concrete curbing that the intended aesthetic or functional goal of
using Belgian block curbing would not be achieved.
[3]
Editor's Note: The NB/R District was repealed 6-27-2023 by Ord. No. 2023-028 and incorporated into the Business/Residential (B/R) District.
18.Â
No curb cut shall be permitted in any zone which is nearer than
25 feet to intersecting right-of-way lines on any corner lot.
19.Â
The Planning Board shall approve a site plan in any flood plain
areas conditioned upon compliance with all State regulations which
address the following objectives:
(a)Â
The lowest floor level of any proposed structure including basements,
if any, will not be reached by the overflow of the Raritan River Middle
Brook, or Green Brook.
(b)Â
Proper facilities have been or will be provided for the disposal
of sewage and of surface water.
(c)Â
Any proposed structure, when built, can be occupied without
peril to the health or safety of the occupant.
(d)Â
Any proposed structure will not impede the flow of surface waters
through any swale or other watercourse.
(e)Â
All construction materials and utility equipment shall be designed
to be resistant to flood damage.
(f)Â
Construction methods and practices shall be incorporated to
minimize flood damage.
(g)Â
All structures shall be designed and anchored to prevent flotation,
collapse or lateral movement.
(h)Â
All subdivision proposals and other proposed new developments
shall be reviewed to assure that all proposals are consistent with
the need to minimize flood damage.
(i)Â
All public utilities and facilities, such as sewer, gas, electrical
and water systems, shall be located, elevated and constructed to minimize
or eliminate flood damage, and adequate drainage shall be provided
so as to reduce exposure to flood hazards. Water supply systems or
sanitary sewerage systems shall be designed to minimize or eliminate
infiltration of flood water into the systems and discharges from the
systems into flood water.
(j)Â
Within the flood plain area having special flood hazards, the
laws and ordinances concerning land use and control and other measures
designed to reduce flood losses shall take precedence over any conflicting
laws, ordinances, or codes.
c.Â
Parking standards.
1.Â
Definitions.
(a)Â
Parking of vehicles. The keeping of vehicles on any property
for a period less than 72 hours.
(b)Â
Storage of vehicles. The keeping of vehicles on any property
for a period of 72 or more continuous hours.
(c)Â
Vehicle definitions:
(1)Â
Passenger vehicle. A non-commercial vehicle, such as a car or
van, used primarily to transport small numbers of passengers and their
possessions.
(2)Â
Pleasure truck. Any of the following if not commercially licensed
and used primarily for non-commercial purposes:
|
Pick-up Truck
|
|
Van
|
|
SUV
|
(3)Â
Work truck. Any truck other than a Pleasure Truck including,
without limitation, any of the following:
|
Pick-up Truck
|
|
Van
|
|
Box Truck
|
|
Rack or Stake Body
|
|
Dump Truck
|
|
Tractor with or without Trailer
|
(4)Â
Motor home.
|
Regular van body (conversion van)
|
|
Raised-roof van
|
|
Self-propelled on large truck chassis
|
(5)Â
Camper/Trailer.
|
Pop-up
|
|
Full-size Trailer (mobile home — towed)
|
|
Any trailer that can be towed
|
(6)Â
Boat.
|
Small Craft (i.e., canoe, row boat, etc.)
|
|
Power Craft (on a trailer)
|
2.Â
Required parking for nonresidential uses:
(a)Â
Schedule for required parking for nonresidential uses.
|
Use
|
Minimum Number of Spaces Required
| |
|---|---|---|
|
Assembly hall or auditorium
|
1 for each 100 square feet of gross floor area or 1 for each
4 seats, whichever is greater
| |
|
Bank
|
1 per 300 square feet
| |
|
Bowling alley
|
4 for each alley
| |
|
Child care centers
|
1 space for each 3 children enrolled
| |
|
Church, temple or house of worship
|
1 for each 3 seats or 1 for each 72 inches of seating space
when benches rather than seats are used
| |
|
Club
|
20 plus 1 additional space for each 200 square feet of gross
floor area
| |
|
College
|
1 for every 2 students
| |
|
Community centers
|
Same as for auditoriums
| |
|
Continuing care facilities
|
1 space for each bed
| |
|
Funeral home or mortuary
|
5.5 spaces per 1,000 square feet gross floor area
| |
|
Hospital
|
1.5 for each bed, plus 1 parking stall for each person on the
staff
| |
|
Industrial
|
1 per 1,000 square feet of gross floor area
| |
|
Industrial or manufacturing use
|
1 for each employee on maximum shift, plus 10% or 1 for each
1,000 square feet of gross floor area
| |
|
Library
|
1 per 500 square feet of gross floor area
| |
|
Manufacturing and assembly operations
|
1 per 800 square feet of gross floor area
| |
|
Medical, physician
|
1 per 200 square feet of gross floor area
| |
|
Motels and hotels
|
1 space for each room, plus 1 for each staff member
| |
|
Offices, dental
|
1 for each 250 square feet of gross floor area
| |
|
Nursing homes
|
0.8 space for every 1 bed
| |
|
Research laboratory
|
1 for each employee on maximum shift, plus 10% or 1 for each
250 square feet of gross floor area
| |
|
Restaurant
|
1 for each 3 seats devoted to service
| |
|
Retail store, business services and personal services (5 or
less tenants)
|
1 per 250 square feet of gross floor area
| |
|
Schools
|
1 per 250 square feet of gross floor area
| |
|
Senior housing
|
0.75 space for each bedroom
| |
|
Service station
|
3 parking spaces for each bay, plus 1 for each service vehicle
| |
|
Shopping centers:
| ||
|
10-25 acres
|
6 spaces per 1,000 square feet of gross floor area
| |
|
25-50 acres
|
5.5 spaces per 1,000 square feet of gross floor area
| |
|
Above 50 acres
|
5.3 spaces per 1,000 square feet of gross floor area
| |
|
Storage warehouse
|
1 for each 750 square feet of gross floor area
| |
|
Theaters
|
1 space for each seats
| |
|
Warehouse
|
1 per 5,000 square feet of gross floor area and 1 per 250 square
feet of gross floor area related offices
| |
|
Wholesale store, motor vehicle establishment or furniture store
|
1 for each 500 square feet of gross floor area, plus 1 for each
employee on maximum shift
| |
(b)Â
Off-street Loading and Unloading Spaces. In all zone districts,
for every building or part thereof, hereafter erected, which is to
be occupied for manufacturing, storage, display of goods, a retail
store, wholesale store or warehouse, market, hospital for humans,
laundry, dry cleaning establishment, or other use similarly requiring
the receipt or distribution in vehicles of materials or merchandise,
there shall be provided and maintained on the same premises with such
use one off-street loading space which shall be at least 12 feet wide,
40 feet long and have a fourteen-foot overhead clearance. A loading
space shall only be permitted in a side or rear yard and no part of
such space shall be nearer than five feet to any side or rear property
line. A loading space may be located in the required off-street parking
area provided the area is the same premise with the use.
3.Â
Residential use.
(a)Â
Required parking in residential zones. In all residential zone
districts, off-street parking shall be furnished for all new buildings
or additions to buildings at the ratio in this subsection. Any permitted
nonresidential use which is on the same lot with a permitted residential
use shall be provided with off-street parking for each of the uses
and the computation for each use shall be made separately and cumulatively.
Fraction of a space shall be rounded upward.
|
Housing Unit Type/Sizea
|
Off-Street Parking Requirements
(spaces per dwelling unit)
| |
|---|---|---|
|
Single-family detached
| ||
|
2 bedroom
|
1.5
| |
|
3 bedroom
|
2.0
| |
|
4 bedroom
|
2.5b
| |
|
5 bedroom
|
3.0
| |
|
Apartment
| ||
|
1 bedroom
|
1.8
| |
|
2 bedroom
|
2.0b
| |
|
3 bedroom
|
2.1
| |
|
Townhouse
| ||
|
1 bedroom
|
1.8
| |
|
2 bedroom
|
2.3b
| |
|
3 bedroom
|
2.4
| |
|
High Rise
| ||
|
1 bedroom
|
0.8
| |
|
2 bedroom
|
1.3b
| |
|
3 bedroom
|
1.9
| |
|
Notes:
| |
|
When determination of the required number of parking spaces
results in a fractional space for the entire development, any fraction
of 1/2 or less may be disregarded, while a fraction in excess of 1/2
shall be counted as one parking space.
| |
|
a
|
Requirements for attached units (apartment/condominium/townhouse)
include provisions for guest parking.
|
|
b
|
If applicant does not specify the number of bedrooms per unit,
this parking requirement shall apply.
|
(b)Â
Off-street parking in residential areas.
(1)Â
The purpose of this section is to regulate vehicles parked or
stored in residential areas. Vehicles must comply with this section
upon adoption.
(2)Â
Vehicles authorized to be parked or stored in a residential
zone (R-1, R-1.1, R-2, R-3, R-4, R-4.1 and R-6) are limited to the
following:
(i)Â
Passenger vehicles.
(ii)Â
Pleasure trucks.
(iii)Â
Commercial pick-up truck or
van; provided, however, that its weight and dimensions does not exceed
14,000 pounds gross vehicle weight, 224.10 inches in length (bumper
to bumper), or 84.3 inches in height. Vehicles commonly referred to
as a tow truck, wrecker, bus (any type), box truck, dump truck and
recreational vehicles (RV) are prohibited.
[Amended 5-9-2023 by Ord.
No. 2023-017]
(3)Â
Parking or storage of vehicles, other than those authorized,
is not permitted in residential zones.
(4)Â
Authorized vehicles parked or stored in residential zones must
be registered, displaying a current, valid State license plate. Vehicles
must be insured as required by law.
(5)Â
Authorized vehicles shall not be parked or stored in the front
yard of any premises, except on driveways and parking areas constructed
and installed in compliance with applicable Borough ordinances, nor
shall they be parked or stored less than three feet from the interior
front sidewalk line adjacent to said premises.
(6)Â
Vehicles other than authorized vehicles must be stored within
a garage. The location of this garage must comply with the requirements
of this chapter.
4.Â
Parking improvement exemptions. If any applicant can clearly demonstrate
to the Planning Board that, because of the nature of the operation
or use, the parking requirements of this chapter are unnecessary or
excessive, the Planning Board shall have the power to approve a site
plan showing less paved parking area than is required by this chapter;
provided, however, that a landscaped area of sufficient size to meet
the requirements of this chapter shall be set aside and reserved for
the purposes of meeting future off-street parking requirements in
the event that a change of use of the premises shall make such additional
off-street parking space necessary. Anything in this subsection to
the contrary notwithstanding, no certificate of occupancy shall be
valid except for the particular use for which it was issued and any
change on any premises previously improved under this subsection shall
only be permitted after a new site plan shall have been submitted
to and reviewed and approved by the Planning Board.
5.Â
All parts of any yards not used for off-street parking areas shall
be adequately landscaped, subject to approval by the Planning Board,
and maintained in good condition.
d.Â
Landscaping plan.
1.Â
Tree removal and planting plan (Landscaping Plan) shall be filed
with the applicable Board with every application for a minor or major
subdivision, application for re-subdivision, site plan, or prior to
any other development application requiring Board approval and involving
tree removal or tree planting. The applicant shall give a copy of
the landscaping plan to the Bound Brook Borough Shade Tree Commission
for advice to the Board.
Tree removal is defined as removal of all or part of any existing
mature tree or regrading within the dripline area. Mature tree is
defined as any woody perennial plant of five inch caliper or greater
(measured at one foot above the ground) which is not dead, or 3Â 1/2
inch caliper for coniferous trees.
2.Â
The tree plan shall be incorporated into a site map showing the following:
(a)Â
Scale and north arrow;
(b)Â
Location of all existing and proposed buildings and improvements;
(c)Â
Proposed grading changes;
(d)Â
Location of all existing mature trees on the site, and the size
and species of each. Site map must also show mature trees on adjacent
lots, if those trees are within 10 feet of the property line between
the two lots;
(e)Â
Which trees will be removed;
(f)Â
Where replacement trees will be planted, and the size and species
of each.
3.Â
With the exception of the building footprint for the principal structure(s)
and a twenty-foot margin around the principal structure(s), all reasonable
and practicable efforts shall be made to preserve existing mature
trees on the site. Planned driveway(s), walkways, garage and all other
accessory structures should be located so as to allow for the preservation
of the greatest number of existing mature trees on the site, with
the greatest priority given to preserving very large, unique, or "specimen"
trees.
4.Â
Grading shall be avoided within the dripline of any tree that is
to be preserved, including trees on adjacent property if the dripline
of those trees extends into the applicant's property. If a tree is
of a species or type that will eventually perish due to root disturbance
or change in drainage, the tree may be removed, but must be replaced
according to this chapter. In the event that tree removal is requested
and the Board believes some may be preserved, the applicant shall
provide expert opinion from a licensed landscape architect who will
address any viability of maintaining such trees.
5.Â
Trees shall not be removed from an area within 25 feet of the edge
of any stream, including seasonal or intermittent streams.
6.Â
Landscaping trees (trees to be planted within the property) shall
be planted at a rate of three trees per 5,000 square feet of lot area.
Species shall be selected from the Deciduous Shade Tree List. At least
50% of all these species shall be selected from the Shade Trees list
and the balance shall be selected from the Landscaping Trees list.
7.Â
Shrubbery shall be planted at a ratio of 10 shrubs per 5,000 square
feet of impervious area. Shrubbery shall be taken from the Evergreen
Species list.
When commercial, office or industrial zones abut residential
zones, evergreen buffer areas are required between these differing
uses.
Variety. Variety is required to prevent the future die-out of
large numbers of evergreens, in case a disease kills off a particular
tree species. Species shall be selected from the list of Evergreen
Species -
Larger Sized.
Spacing. Depending on the width of the buffer, evergreens shall
be planted in double rows in a zigzag fashion along the buffer line.
Long Distances of Evergreens Along a Buffer Line: two or more
species should be provided.
When evergreens are placed along distances of greater than 100
feet of a buffer line, two or more species or cultivars of evergreens
shall be provided.
Short Distances of Evergreens Along a Buffer Line: one or two
species should be provided.
When evergreens are being placed distances of less than 100
feet along a buffer line, one or two species or cultivars of evergreens
shall be provided.
8.Â
In addition, foundation landscaping (located within five feet of
the foundation) shall be provided at a rate of 10 shrubs per 20 feet
linear feet of foundation. Species shall be selected from the Foundation
Planting list.
9.Â
The branches of all trees projecting beyond any street right-of-way
line must be trimmed at all times to insure unobstructed vision and
clearance six feet above ground at the sidewalk level.
10.Â
In the case of buildings or clusters of buildings on lots greater
than 1/2 acre, additional trees at one per 1,000 square feet of impervious
cover shall be planted by the applicant. Trees may be clustered or
otherwise arranged, as recommended by the Shade Tree Commission, but
the required additional trees should be from the Shade Tree list and
should be located in a manner that will provide shade for sidewalks
or other pedestrian areas.
(a)Â
For all residential, commercial or other construction in the
Borough, the applicant shall plant species selected from the Borough's
Deciduous Shade Tree list, minimum size 2 to 2Â 1/2 inch caliper,
minimum height 12 feet, for every 50 feet of street frontage or as
adjusted based upon site conditions.
(b)Â
Where practical, street tree(s) shall be planted between the
sidewalk and the structure, no closer than 20 feet apart, within three
to six feet of the sidewalk, whether or not this area is within the
public right-of-way.
11.Â
Provisions for parking lots.
(a)Â
In addition to required plantings noted above in parking lots
having more than two rows or more than 30 spaces, additional landscape
trees shall be planted in tree island(s) at the rate of one tree per
30 spaces. Multiple trees may be planted on an island, but trees must
be located at a minimum of three feet from the edge of the island.
(b)Â
In addition, there shall be one shrub planted for each parking
stall as otherwise required.
12.Â
The Construction Official and Borough Engineer shall monitor
the construction sites to insure that trees are adequately protected
and shall enforce the Borough's requirements for tree protection during
construction.
13.Â
Standards and Requirements for Tree Protection During Construction,
Demolition, Grading, or Soil Removal.
(a)Â
Before clearing, demolition or construction work of any kind
is begun on a site, temporary fencing, a minimum of four feet in height,
shall be installed around all trees or clusters of trees that are
to be preserved according to the approved tree plan, including street
trees in the public right-of-way, and trees on adjacent property if
they are within 10 feet of the common property line, or if the dripline
of those trees extends into the applicant's property. The required
temporary fencing shall be installed at the dripline or at a 10 feet
radius from the trunk, whichever is greater.
(b)Â
No soil or other materials shall be stored within the protected
area. No equipment shall be operated or cleaned within the protected
area. No chemicals, fuel, oil or other foreign materials may be deposited
onto the ground in the protected area.
(c)Â
If the Borough Engineer agrees that constraints in a particular
area(s) of a site make it necessary to operate equipment within the
dripline of a tree that is to be protected, the trunk of the tree
must be protected with metal sheathing, and the ground area within
the dripline must be covered with metal plates before equipment is
operated there.
(d)Â
No signs or other materials shall be affixed to trees in any
manner. No nails, screws or other intrusive fasteners shall be used
on a tree.
14.Â
Trees damaged after approval.
(a)Â
Any tree designated on the tree site plan as a tree to be preserved
that is determined by the Construction Code Official, Borough Engineer,
or Shade Tree Commission to have been damaged in any manner during
demolition, construction, grading, or landscaping activities, including
trees likely to die because of root disturbance or changes in drainage,
shall be replaced by the builder and planted at locations agreed upon
by the Planning Board, according to the following formula:
|
Tree 5" to 10" caliper
|
Replaced with two 3" to 3Â 1/2" caliper trees
|
|
Tree 11" to 20" caliper
|
Replaced with four 3" to 3Â 1/2" caliper trees
|
|
Tree over to 20" caliper
|
Replaced with six 3" to 3Â 1/2" caliper trees
|
(1)Â
If the Planning Board agrees that the site cannot
accommodate the required number of replacement trees, the applicant
shall contribute the excess trees to the Borough of Bound Brook. The
donation season, species number, and planting locations of the donated
trees shall be determined by the Planning Board upon advice of the
Shade Tree Commission.
15.Â
Recommended tree species and selection and planting criteria.
(a)Â
Trees must be straight, balled and burlapped, nursery-grown,
free of all wounds or other damage, and meeting ANLA (American Nursery
and Landscape Association) standards.
(b)Â
Plant a variety of trees and shrubs; avoid local or site monoculture
(that is, overuse of one species or type of tree in a given site,
street or area).
(c)Â
Plant all trees according to ANLA standards. Staking shall be
used in high-risk areas (i.e. heavy pedestrian, equipment or parking
areas where there is a high risk that pedestrians or vehicles will
damage small trees).
(d)Â
Trees shall not be planted near obstructions such as overhangs,
telephone poles, utility pipes and fire hydrants. Trees designated
for under wire use in the latest edition of Trees for New Jersey Streets,
a publication of the New Jersey Shade Tree Federation, Blake Hall,
93 Lipman Drive, New Brunswick, New Jersey 08901, www.njstf.org, may
be planted under electric utilities. Only the subset of trees meeting
the site's planting strip width constraint and overhead power line
constraints are acceptable.
|
Acceptable Species and Cultivars of Deciduous Shade Trees
| |
|
Acceptable species and cultivars of major, deciduous shade trees
shall include:
| |
|
Ash (Crown width of Ash is generally similar
to height)
| |
|
Newport Ash (Fraxinus Ianceolata Newport - 50'-60' h)
| |
|
Greenspire Brand American Ash (Fraxinus americana Greenspire
- 60'-70' h)
| |
|
Autumn Purple Ash, seedless (Fraxinus americana Rosehill - 60'-70'
h)
| |
|
Patmore Ash (Fraxinus americana Patmore - 50'-60' h)
| |
|
Summit Ash (Fraxinus americana Summit - 50'-60'h)
| |
|
White Ash Fraxinus americana
| |
|
Linden (Crown width is generally about 1/2
to 2/3 height)
| |
|
Greenspire Littleleaf Linden (Tulia Cordata Greenspire - 60'-70'
h)
| |
|
Green Mountain Silver Linden (Tilia tomentosa Green Mountain
- 50'-60' h)
| |
|
Crimean Linden (Tilia euchlora - 40'-60' h)
| |
|
Redmont Linden (Tilia americana Redmont - 65'-75' h)
| |
|
Locust
| |
|
Thornless Honey Locust (Gleditsia triacanthos) in downtown historic
district only — not in parking lots
| |
|
Maples (Crown width is generally slightly less
than or equal to height)
| |
|
Red or Scarlet Maple (Acer rubrum - 50'-75' h)
| |
|
Red Sunset Maple (Acer rubrum Red Sunset Maple - 50'-60' h)
| |
|
*Sugar Maple (Acer saccharum - 50'-75' h, width 2/3's
| |
|
*Green Mountain Sugar Maple (Acer saccharum Green Mountain -
50'-75' h)
| |
|
*Bonfire Sugar Maple (Acer saccharum "Bonfire," - 50'-70' h)
| |
|
Oak (Crown width is generally comparable to
or slightly greater than height)
| |
|
Northern Red Oak (Quercus borealis [rubrum] - 75'-95' h,
| |
|
White Oak (Quercus alba - 80'-90' h, 50'-80' spread)
| |
|
Sawtooth Oak (Quercus acutissima - 75'-90' h)
| |
|
Scarlet Oak (Quercus coccinea - 75'-90' h)
| |
|
Shingle Oak (Quercus imbricaria - 65'-75' h)
| |
|
Shumard Oak (Quercus shumardii - 75'-90' h)
| |
|
**Pin Oak
| |
|
(Quercus palustris - 75'-100' h)
| |
|
Because of its low-branching effect, which ultimately become
dead branches, pin oaks do not make good shade trees around parking
lots.
| |
|
Also known as Swamp Oaks, Pin Oaks like wet soils and are excellent
candidates for planting along wetland borders, stream corridors, etc.,
or within lawn areas.
| |
|
**Willow Oak
| |
|
(Quercus phellos - 50'-70'h)
| |
|
These have similar characteristics to Pin Oaks.
| |
|
Zelkova (Crown width is generally equal to
height)
| |
|
The Zelkova is similar to our native Elm and thrives in urban
settings.
| |
|
Green Vase Zelkova (Zelkova serrata Green Vase - 60'-70' h)
| |
|
Japanese Zelkova (Zelkova serrata - 50'-60' h)
| |
|
Village Green Zelkova (Zelkova serrata Village Green - 50'-60'
h)
| |
|
Ohio Lacebark Elm, Ulmus parvifolia "Ohio"
| |
|
Hackberry, Celtis spp.
| |
|
Kentucky coffeetree Gymnocladus dioicus
| |
|
Ginkgo Ginkgo biloba (male only)
| |
|
Blackgum Nyssa sylvatica
| |
|
NOTES:
| |
|
*Not acceptable for parking lot use
| |
|
**All not acceptable for parking lot use
| |
|
Non-Acceptable Species of Deciduous Shade Trees
| |
|
Pear
| |
|
Bradford Callery Pear (Pyrus calleryana Bradford - 25'-35' h)
| |
|
Capital Pear (Pyrus calleryana Capital - 35'-40' h)
| |
|
Redspire Pear (Pyrus calleryana Redspire - 30'-35' h)
| |
|
Whitehouse Pear (Pyrusi calleryana Whitehouse - 30'-35' h)
| |
|
Honeylocust
| |
|
All forms of Thornless Honeylocusts, such as Gleditsia triacanthos
inermis Shademaster — 60'-70' h)
| |
|
Marshall's Seedless Ash
| |
|
No longer "seedless." This tree now appears to be producing
seeds.
| |
|
Norway Maple
| |
|
(Acer platanoides)
| |
|
The roots of the Norway Maple (regular or columnar) grow near
the surface and can uproot sidewalks. Invasive, non-native.
| |
|
Silver Maple
| |
|
Similar to Norway Maple. Silver Maples are susceptible to various
insects and diseases. The tree has very weak branches.
| |
|
Sycamore
| |
|
(Platanus acerifolia orientalis - 70'-80' h)
| |
|
Also known as the London Planetree, Sycamores do not make good
shade trees since they provide only light shade and drop large seed
pods.
| |
|
Acceptable Varieties of Landscaping Trees
| |
|
Cherry
| |
|
Accolade Flowering Cherry (Prunus Accolade - 30'-40' h)
| |
|
Sargent Cherry (Prunus sargenti - 30'-40' h)
| |
|
Columnar Sargent Cherry (Prunus sargenti columnaris - 30'-40'h)
| |
|
High branched or tree form Kwanzan Cherry (Prunus serrulata
Kwanzan - 30'-35' h)
| |
|
Rosy Cloud Cherry (Prunus serrulata Rosy Cloud - 20'-25' h)
| |
|
Canada Red Cherry (Prunus virginiana Shubert - 20'-25' h)
| |
|
Yoshino Cherry (Prunus yedoensis - 30'-35' h)
| |
|
Crabapple
| |
|
Siberian Crab (Malus baccata - 20'-25' h)
| |
|
Columnar Siberian Crab (Malus baccata columnaris - 22'-25' h)
| |
|
Radiant Crab (Malus radiant - 12'-15' h)
| |
|
Maples
| |
|
Hedge Maple (Acer campestre - 20'-25' h)
| |
|
Amur Maple (Acer ginnala - 20'-25' h)
| |
|
Tatarian Maple, Acer tataricum (tree form)
| |
|
Shadblow (Serviceberry)
| |
|
Pink Shadblow (Amelanchier Robin Hill Pink - 20'-30' h)
| |
|
Cumulus Shadblow (Amelanchier Hybrida "Cumulus" - 20'-30' h)
| |
|
Scholartree (Crown width is generally comparable
to height)
| |
|
Also called Pagodatree
| |
|
Chinese Scholartree (Sophora japonica - 30'-40' h)
| |
|
Princeton Upright Scholartree (Sophora japonica Princeton Upright
- 40'-50' h)
| |
|
Regent Brand Scholartree (Sophora japonica Regent - 40'-50'
h)
| |
|
Tree Lilac
| |
|
Japanese Tree Lilac (Syringa amurensis japonica - 25'-30' h)
| |
|
Regent Brand Japanese Tree Lilac (Syringa amurensis japonica
Regent - 25'-30' h)
| |
|
Ivory Silk Tree Lilac (Syringa amurensis japonica Ivory Silk
- 20'-25' h)
| |
|
Flowering crabapple (Malus spp.)
| |
|
Flowering dogwood (Cornus florida)
| |
|
Thornless honey locust (Gleditsia triacanthos)
| |
|
Beech (Fagus grandifolia)
| |
|
European hornbeam (tree form) (Carpinus betulus)
| |
|
Green ash (Fraxinus pennsylvania)
| |
|
Hawthorn (Crataegus sp)
| |
|
London plane tree (Platanus x. acerifolia)
| |
|
Paper birch (Betula papyrifera)
| |
|
Yellow popular (Liriodendron tulipifera)
| |
|
Eastern redbud (Cercis canadensis)
| |
|
River birch (Betula nigra)
| |
|
Sugar maple (Acer saccharum)
| |
|
Serviceberry (Amelanchier canadensis)
| |
|
Sweetgum (seeded or seedless) (Liquidambar styraciflua)
| |
|
Tulip poplar (Liriodendron tulipifera)
| |
|
Weeping willow (Salix babylonica) (to be used
only in areas adjacent to surface waters)
| |
|
Acceptable Varieties of Evergreen Species (Shrubs)
| |
|
Evergreen Species, Larger-sized
| |
|
Cypress
| |
|
Leyland Cypress (Cupressocyparis leylandii - 60'-70' h)
| |
|
Douglas Fir
| |
|
(Pseudo.tsuga taxifolia (douglasi) - 70'-80' h)
| |
|
Spruce
| |
|
Norway Spruce (Picea excelsa [abies] - 80'-100' h)
| |
|
Colorado Spruce (Picea pungens - 60'-80' h)
| |
|
Colorado Blue Spruce (Pica pungens glauca - 60'-70' h)
| |
|
White Fir
| |
|
(Abies concolor - 50'-70' h)
| |
|
Evergreen Species Medium-Sized
| |
|
Arborvitae
| |
|
Dark American Arborvitae (Thuja occidentalis nigra - 25'-40'
h)
| |
|
Cypress
| |
|
False Cypress (Chamaecyparis pisifera)
| |
|
Blue False Cypress (Chamaecyparis pisiferea veitchi - 22'-25'
h)
| |
|
Lawson False Cypress (Chamaecyparis lawsonia - 18' h)
| |
|
Eastern Redcedar
| |
|
(Juniperus virginiana - 35'-40' h)
| |
|
Princeton Sentry Brand redcedar (Juniperus virginiana Princeton
Sentry - 25'-30' h)
| |
|
Skyrocket Juniper (Juniperus virginiana Skyrocket - 35'-40'
h)
| |
|
Juniper
| |
|
Blue Columnar Chinese Juniper (Juniperus chinensis columnaris
[pyramidalis] - 15'-20' h)
| |
|
Eastern Redcedar (Juniperus virginiana - 35'-40' h)
| |
|
Princeton Sentry Brand Redcedar (Juniperus virginiana Princeton
Sentry - 25'-30' h)
| |
|
Skyrocket Juniper (Juniperus virginiana Skyrocket - 35'-40'
h)
| |
|
Yew
| |
|
Upright Japanese Yew (Taxus cuspidata capitata - 25'-40' h)
| |
|
Hicks Yew (Taxus media hicksi - 10'-12' h)
| |
|
Hoshino Cryptomeria
| |
|
(Cryptomeria japonica Yoshino - 30'-40' h)
| |
|
Non-Acceptable Evergreen Species
| |
|
Austrian Pine
| |
|
(Pinus nigra - 60'-70' h)
| |
|
The Austrian Pine is unacceptable because it is succumbing to
the fungus Diplodia.
| |
|
Hemlock
| |
|
Canadian Hemlock (Tsuga canadensis - 75'-90' h)
| |
|
The Hemlock is now subject to disease.
| |
|
Japanese Black Pine
| |
|
Issues similar to Austrian Pines prohibit use of this evergreen
species.
| |
|
White Pine
| |
|
(Pinus strobus - 80'-100'h)
| |
|
White pines lose all their lower branches in time and thus provide
no screening, are overused in landscape plans and are subject to inspect-fungus
infestations which require annual maintenance.
| |
|
Foundation Plantings
| |
|
A variety of low-growing evergreen plantings shall be planted
in front of all commercial, office and industrial buildings, churches,
schools, other public institutions and the like. Foundation plantings
should be located around all sides of a building which face a street
or parking lot, within five feet of the building.
| |
|
Foundation plantings shall include low-growing evergreen, shrubs
and, if desired, ground covers (which can also be used under signs
with approval of the Board).
| |
|
Acceptable Varieties of Foundation Evergreen Species
| |
|
Azalea
| |
|
Azalea Hybrids (Azalea Blaauw's Pink (Kurume)
| |
|
Azalea Delaware Valley White (Kurume)
| |
|
Azalea Herbert (Gable)
| |
|
Azalea Hino-Crimson (Obtusum)
| |
|
Azalea Mother's Day (Kurume)
| |
|
Azalea Stewartstonian (Gable)
| |
|
Korean Azalea (Azalea poukhanensis - 3'-4' h)
| |
|
Andromeda
| |
|
Japanese Andromeda (Pieris japonica - 5'-6' h)
| |
|
Cypress
| |
|
Hinoki Cypress (Chamaecyparis obtusa Gracilis)
| |
|
Golden Hinoki Cypress (Chamaecyparis obtusa Crippsi - 8'-10'h)
| |
|
Dwarf Hinoki Cypress (Chamaecyparis obtusa Gracilis nana - 2Â 1/2'-4'
h)
| |
|
Dwarf Golden False Cypress (Chamaecyparis pisifera filifera
aurea nana - 4'-5' h)
| |
|
Holly
| |
|
Compact Japanese Holly (Ilex crenata compacta - 4'-5' h)
| |
|
Dwarf Japanese Holly (Ilex crenata helleri - 2'-3'h)
| |
|
Hetz Holly (Ilex crenata hetzi - 4'-5' h)
| |
|
Inkberry (Ilex glabra - 5'-6' h)
| |
|
Compact Inkberry (Ilex crenata compacta - 3'-4' h)
| |
|
Harvest Red Winterberry (Ilex verticillata Harvest Red - 6'-8'
h)
| |
|
Junipers
| |
|
Hetz Blue Juniper (Juniperus chinensis glauca hetzi - 5'-7'
h)
| |
|
Compact Pfitzer Juniper (Juniperus chinensis pfitzeriana compacta
-3'-4' h)
| |
|
Torulosa Juniper (Juniperus chinensis Torulosa - 10'-12' h)
| |
|
Leatherleaf Mahonia
| |
|
(Mahonia bealei - 6'-8' h)
| |
|
Mountain Laurel
| |
|
(Kalmia latifolia - 5'-6' h)
| |
|
Mugho Pine
| |
|
(Pinus montana mughus - 3'-4'h)
| |
|
Rhododendron
| |
|
P.J.M. Rhododendron (Rhododendron P.J.M. - 4'-5'h)
| |
|
For sunny areas: any hybrid Rhododendron.
| |
|
For shady areas: any native Rhododendron, such as:
| |
|
Rhododendron Maximum (Rhododendron Maximum)
| |
|
Spruce
| |
|
Birdnest Spruce (Picea excelsa nidiformis - 2'-3' h)
| |
|
Dwarf Alberta Spruce (Picea glauca conica - 4'-6' h)
| |
|
Yew
| |
|
Spreading English Yew (Taxus baccata repandens - 2'-3'h)
| |
|
Dense Yew (Taxus cuspidata densiformis - 6'-8'h)
| |
|
Dwarf Japanese Yew (Taxus cuspidata nana [brevifolial] - 4'-5'h)
| |
|
Hatfield Yew (Taxus media hatfieldi - 8'-10' h)
| |
|
Hicks yew (Taxus media hicksi - 8'-10' h)
| |
|
Acceptable Varieties of Ground Covers
| |
|
Junipers
| |
|
Sargent Juniper (Juniperus Chinensis sargenti - 1Â 1/2"-2"h)
| |
|
Bar Harbor Juniper (Juniperus horizontalis Bar Harbor - 6"-12"h)
| |
|
Andorra Juniper (Juniperus horizontalis plumosa [depressa plumosa]
- 1"-1Â 1/2"h)
| |
|
Blue Rug Juniper (Juniperus horizontalis wiltoni - 3"-6" h)
| |
|
Pachysandra
| |
|
Japanese Spurge (Pachysandra terminalis - 6"-8" h)
| |
|
Periwinkle or Myrtle
| |
|
(Vinca minor - 6"-8" h)
| |
|
Shademaster Brand Myrtle (Vinca minor Shademaster - 6"-8" h)
| |
e.Â
Lighting plan. All parking areas and walkways thereto and appurtenant
passageways and driveways serving commercial, public, office, multiple
family or other uses having common off-street parking and/or loading
areas shall be adequately illuminated for security and safety purposes.
The lighting plan in and around the parking areas shall provide for
non-glare lights focused downward. The light intensity provided at
ground level shall be indicated in footcandles on the submitted site
plans and shall be a maximum of 2.0 footcandles at intersections and
1.0 footcandle elsewhere in the area to be illuminated, except for
the illumination along common property lines shared with a residential
use. At these locations, a maximum of 0.25 footcandle shall be maintained.
Lighting shall be provided by fixtures with a mounting height not
more than 20 feet or the height of the building, whichever is less,
measured from the ground level to the center line of the light source,
spaced a distance not to exceed five times the mounting height.
Any outdoor lighting such as building, sidewalk and driveway
illumination, lighting of signs, and ornamental lighting, shall be
shown on the lighting plan in sufficient detail to allow a determination
of the effects upon adjacent properties, traffic safety and overhead
sky glow. The objective of these specifications is to minimize undesirable
off-premises effects. No light shall shine into windows or onto streets
and driveways in such a manner as to interfere with or distract driver
vision.
Wherever electric utility installations are required, the applicant
shall provide for underground service for lighting. All street lighting
shall be shielded against direct light or glare.
[Ord. No. 04-12 § 21-9.16]
a.Â
General requirements.
The regulations and standards set forth in this section shall
be considered minimum requirements with regard to subdivision and
site plan applications and any deliberations and actions taken by
the Planning Board under the terms of this section shall give prime
consideration to the health, safety and welfare of the entire community.
However, the Planning Board, when acting upon an application
for preliminary or minor subdivision approval or an application for
preliminary or minor site plan approval, shall have the power to grant
such deviation relief from the applicable regulations and standards
of this section and it may deem reasonable within the general purpose
and intent of the regulations and standards established under this
section, provided that no such deviation relief shall be granted unless
the Planning Board, after considering the applicant's petition for
relief and supporting proofs, finds (1) that the literal enforcement
of one or more of the provisions of this section, in the applicant's
particular case, is impracticable and will exact undue hardship because
of peculiar conditions pertaining to the land which is the subject
to the application and petition, and (2) that the granting of the
requested deviation relief will not be detrimental to the public health,
safety and welfare of the community nor injurious to property in the
area in which the premises are located.
An applicant who seeks any such deviation relief shall submit
the Planning Board, at the time the application is made, a written
petition for relief which shall fully set forth the nature of the
deviation relief requested and the pertinent facts upon which the
applicant will rely to establish the foregoing criteria.
The petition thereafter shall be considered by the Planning Board with applicant's accompanying application for subdivision or site plan approval at a public hearing held in accordance with the provisions of § 21-6 hereof. No application for deviation relief shall be signed as approved by the Planning Board Chairman, Secretary or Borough Engineer until it has received the County Planning Board's approval report with respect to the subject subdivision or site plan application.
b.Â
Waiver of site plan. See § 21-9.12e., Waiver of Site Plan.
[Ord. No. 04-12 § 21-9.17]
If, before final subdivision approval has been granted, any
person transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision, such
person shall be subject to a penalty not to exceed $1,000 and each
lot disposition so made may be deemed a separate violation.
In addition to the foregoing, the Borough may institute and
maintain a civil action:
a.Â
For injunctive relief; and
b.Â
To set aside and invalidate any conveyance made pursuant to such
a contract of sale if a certificate of compliance has not been issued
in accordance with § 44 of P.L. 1975, Chapter 291.
|
In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land, from which the
subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
|
[Ord. No. 04-12 § 21-9.18]
The prospective purchaser, prospective mortgagee, or any other
person interested in any land which forms part of a subdivision, or
which formed part of such a subdivision three years preceding the
effective date of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et
seq.), may apply in writing to the administrative officer of the Borough,
for the issuance of a certificate certifying whether or not subdivision
has been approved by the Planning Board. Such application shall contain
a diagram showing the location and dimension of the land to be covered
by the certificate and the name of the owner thereof.
The administrative officer shall make and issue or deny such
certificate within 15 days after the receipt of such written application
and the fees therefor. Said officer shall keep a duplicate copy of
each certificate, consecutively numbered including a statement of
the fee charged, in a binder as a permanent record of his office.
Each such certificate shall be designated a "certificate as
to approval of subdivision of land," and shall certify:
a.Â
Whether there exists in the Borough of Bound Brook a duly established
Planning Board and whether there is an ordinance controlling subdivision
of land adopted under the authority of the Municipal Land Use law
(N.J.S.A. 40:55D-1 et seq.).
b.Â
Whether the subdivision, as it relates to the land shown on said
application, has been approved by the Planning Board, and, if so,
the date of such approval and any extensions and terms thereof, showing
that subdivision of which the lands are a part is a validly existing
subdivision.
c.Â
Whether such subdivision, if the same has not been approved, is exempt
from the requirement of approval as provided in this chapter and the
Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). The administrative
officer shall receive for such certificate issued by him/her a fee
not in excess of those provided in N.J.S.A. 54:5-14 and N.J.S.A. 54:5-15
and pursuant to this chapter. The fees so collected by such official
shall be paid by him/her to the Borough of Bound Brook.
[Ord. No. 04-12 § 21-10.1; Ord. No. 2008-05; Ord.
No. 2013-14; Ord. No. 2014-06]
a.Â
Zone districts. For the purpose of this chapter, the Borough of Bound
Brook is hereby divided into zone districts known as:
[Amended 12-18-2018 by Ord. No. 2018-30; 12-30-2019 by Ord. No. 2019-50; 6-27-2023 by Ord. No. 2023-028]
|
R-1
|
Single-Family Residence District
|
|
R-2
|
Single-Family Residence District
|
|
R-3
|
Single-Family Residence District
|
|
R-4
|
One- and Two-Family Residence District
|
|
R-6
|
Multiple Family Residence District
|
|
O-B
|
Office Building District
|
|
MU-2
|
Mixed Use Two District
|
|
B/R
|
Business/Residential District
|
|
I-P
|
Industrial Park District
|
|
OS-C
|
Open Space/Civic District
|
|
MU-3
|
Mixed Use Three District
|
|
RR
|
Railroad District
|
|
R-C
|
Riverfront Commercial District
|
|
RB/R
|
Regional Business/Residential District
|
|
RB-1
|
Regional Business One District
|
|
—
|
Redevelopment Overlay District
|
|
ACD
|
Arts and Cultural District
|
b.Â
Floodplain areas. Portions of certain of the foregoing zone districts
are further included in floodplain areas, which floodplain areas shall
be shown on certain maps drawn by the Department of Homeland Security
– Federal Emergency Management Agency map 34035C, panels 0158E,
0159E, 0166E and 0167E, effective August 18, 2016.
[Amended 12-18-2018 by Ord. No. 2018-30]
c.Â
Map and schedule.[1] The Zoning Map dated June 2023 delineating the above districts
and the Schedule of Requirements summarizing the required conditions
for each district printed thereon are hereby declared to be a part
of this chapter by reference. The zone district boundary lines are
intended generally to follow street center lines, existing lot lines,
center lines of railroad rights-of-way, and the line, as indicated
on the zone map. Where a zone district boundary line does not coincide
with any such line as above set forth, its location or relation to
another boundary line is indicated on the zone map by means of figures
expressing distance in feet from a street right-of-way or other boundary
line. In cases of uncertainty or disagreement as to the true location
of any zone district boundary line, the determination thereof shall
lie with the Board of Adjustment.
[Amended 12-18-2018 by Ord. No. 2018-30; 12-30-2019 by Ord. No. 2019-50; 6-27-2023 by Ord. No. 2023-028]
d.Â
Zoning map amendments.
1.Â
Pursuant to Ord. No. 2014-06:
(a)Â
The following properties known as Block 7, Lots 21, 22, 23, 24 and 25 on the official tax map of the Borough of Bound Brook, currently zoned R-4 One and Two-Family Residence District, are hereby rezoned to B/R Business/Residential District and that the Official Zoning Map of the Borough of Bound Brook authorized pursuant to § 21-10.1 is hereby amended to provide that the properties listed herein shall be shown as part of the B/R Business/Residential District.
(b)Â
The following property known as Block 13, Lot 12.01 on the official tax map of the Borough of Bound Brook, currently zoned R-6 Multiple Family Residence District, is hereby rezoned to B/R Business/Residential District and that the Official Zoning Map of the Borough of Bound Brook authorized pursuant to § 21-10.1 is hereby amended to provide that the properties listed herein shall be shown as part of the B/R Business/Residential District.
(c)Â
The following properties known as Block 5, Lots 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26 and 26A, currently zoned NB/R Neighborhood Business/Residential District, are hereby rezoned to B/R Business/Residential District and that the Official Zoning Map of the Borough of Bound Brook authorized pursuant to § 21-10.1 is hereby amended to provide that the properties listed herein shall be shown as part of the B/R Business/Residential District.
(d)Â
Pursuant to N.J.S.A. 40:55D-26, on June 12, 2014, the Borough of Bound Brook Planning Board reviewed the Ordinance amending and supplementing § 21-10.15 B/R Business/Residential District of Chapter 21, Land Use of the Revised General Ordinance of the Borough of Bound Brook and the rezoning of the properties identified in Sections 3, 4 and 5 of this Ordinance, and identified no inconsistencies with the Borough of Bound Brook Master Plan.
2.Â
Pursuant to Ord. No. 2019-50:
[Added 12-18-2018 by Ord.
No. 2018-30; amended 12-30-2019 by Ord. No. 2019-50]
(a)Â
All the properties currently shown on the Official Zoning Map of the Borough of Bound Brook as located within the General Business District (B-1) shall be redesignated and shown as located within the Mixed Use Two (MU-2) District and the Official Map of the Borough of Bound Brook authorized pursuant to Section 21-10.1 is hereby amended to provide that those properties shall be shown as part of the Mixed-Use Two (MU-2) District.
(b)Â
Pursuant to N.J.S.A 40-55D-26, on ______, 2019, the Borough of Bound Brook Planning Board reviewed the ordinance amending and supplementing Section 21-10.1 and 21-10.17 of Chapter 21, Land Use, of the Revised General Ordinances of the Borough of Bound Brook and the rezoning of the properties identified in Section 21-10.1c2(a) of this section and identified no inconsistencies with the Borough of Bound Brook Master Plan.
3.Â
Pursuant to Ord. No. 2018-35:
[Added 12-18-2018 by Ord.
No. 2018-35]
(a)Â
The following properties shown on the official tax map of the Borough of Bound Brook as Tax Block 98.01, Lot 1; Tax Block 102, Lot 31; Tax Block 103, Lot 13; Tax Block 68, Lot 1.03; Tax Block 14, Lots 1, 2 and 3; Tax Block 44, Lot 1; Tax Block 45, Lots 1 and 1.01; Tax Block 76, Lots 6 and 7; Tax Block 79, Lots 1, 2, 3, 4, and 5; Tax Block 13.02, Lots 5, 50 and 26.01; Tax Block 52, Lot 1; Tax Block 12, Lots 1 and 14; Tax Block 31, Lot 7; Tax Block 19, Lots 2 and 3; and Tax Block 29, Lot 17, in their entirety, and a portion of Tax Block 1, Lot 68.01 are hereby rezoned to OS-C Open Space/Civic and the Official Map of the Borough of Bound Brook authorized pursuant to § 21-10.1 is hereby amended to provide that the properties listed herein shall be shown as part of the OS-C Open Space/Civic District.
(b)Â
Pursuant to N.J.S.A. 40:55D-26, on December 6, 2018, the Borough of Bound Brook Planning Board reviewed the ordinance amending and supplementing Sections 21-10.1 and 21-10.17 of Chapter 21, Land Use, of the Revised General Ordinances of the Borough of Bound Brook and the rezoning of the properties identified in Subsection 21-10.1d3(a) of this section, and identified no inconsistencies with the Borough of Bound Brook Master Plan.
4.Â
Pursuant to Ord. No. 2023-028: Pursuant to N.J.S.A. 40-55D-26, on June 22, 2023, the Borough of Bound Brook Land Use Board reviewed the ordinance amending and supplementing Sections 21-10.1 and 21-10.11 of Chapter 21, Land Use, of the Revised General Ordinances of the Borough of Bound Brook and the rezoning of the properties identified in Sections 1 and 2 of this ordinance, and identified no inconsistencies with the Borough of Bound Brook Master Plan.
[Added 6-27-2023 by Ord. No. 2023-028]
[Ord. No. 04-12 § 21-10.2; Ord. No. 07-03; Ord. No.
2012-10]
Each of the paragraphs and provisions of this subsection shall
apply to all zone districts unless otherwise stated.
a.Â
Zoning Affects All Structures, Buildings and Land and the Uses Thereof.
No land or premises may be used and no building or structure may be
erected, razed, moved, extended, enlarged, altered or used for any
purpose other than a purpose permitted by this chapter for the zone
district in which the land, premises, building or structure is located,
and all uses and construction shall be in conformity with the regulations
provided for the zone district in which such land, premises, building
or structure is located. Any use, building or structure authorized
by variance shall be required to conform to all bulk standards and
other requirements of the applicable zone.
b.Â
Construction permits and plans, zoning permits and certificates of occupancy. No construction permit and no certificate of occupancy shall be issued by the Construction Official except upon application therefor in conformity with all the provisions of Subsection 21-10.6 of this section. No zoning permit shall be issued by the Zoning Officer except upon application therefor in conformity with Subsection 21-10.6. No sign erection permit shall be issued by the Construction Official except upon application therefor in conformity with the terms of Subsection 21-10.5 of this section.
c.Â
Subdivision of lot. Whenever a new lot or lots is, or are, formed from a part of any other lot or lots, the assembly or separation shall be effected in such a manner as not to violate any of the requirements of this chapter and shall be in accordance with § 21-9.
d.Â
Yards. There shall be provided for every lot front, rear and side
yards as required in the zone district in which the lot is located.
All front yards must face upon a dedicated public street and shall
be of the size required for the particular zone district in which
the lot is located; provided, however, that on streets less than 50
feet in width, the required front yard shall be increased by 1/2 the
difference between the width of the street and 50 feet, and further
provided, that any lot which abuts a street with a proposed right-of-way
greater than 50 feet in width as shown on the Master Plan for Streets
of the Borough of Bound Brook, adopted pursuant to N.J.S.A. 40:55D-28,
shall have a front yard setback measured from the nearest line of
the proposed building or structure to the proposed right-of-way line
shown on the Master Plan.
No open space which has been counted or included as a part of
a side yard, rear yard, front yard, court or other open space as required
by this chapter for one building may, by reason of change of ownership
or any other reason be counted or included in order to comply with
the yard, court or other open space requirement of any other building.
e.Â
Accessory buildings or structures. No accessory building or structure
shall be built on any lot on which there is not a principal building
or structure.
The following requirements shall be met in all zones:
1.Â
No accessory building or structure shall have a ground area greater
than the ground area of the principal building or structure on the
same lot.
2.Â
No accessory building or structure shall exceed the height of 1Â 1/2
stories or 18 feet, whichever results in the lesser height.
3.Â
No accessory building or structure shall be permitted in any front
yard unless otherwise regulated in this chapter. Accessory structures
shall be at least three feet from any property line. The setback for
accessory structures of less than 100 square feet shall be three feet
from the property line, unless the yard is fenced in, in which case
the setback shall be one foot from the property line.
4.Â
All accessory buildings shall be located at least 10 feet from any
principal building situated on the same lot.
5.Â
Accessory buildings or structures may be built within any side or
rear yard if the distance from any accessory building to the property
line of the lot is equal to or greater than the height of the building
or structure.
6.Â
Accessory buildings or structures on corner lots shall not be erected
nearer to any street right-of-way line than the front yard setback
required on the lot adjacent to the rear lot line of the lot upon
which the accessory building is located.
7.Â
Garages in residential zones. A garage as an accessory use may be
conducted on a single lot in any residential zone district.
(a)Â
Boats, house trailers, campers/motor homes, travel trailers, or other trailers measuring more than 24 feet must be in an enclosed garage. Anything measuring 24 feet or less shall be stored in a driveway at the rear or side yard as outlined in Section 21-10.2k, Outdoor storage.
[Amended 11-14-2017 by Ord. No. 2017-31]
(b)Â
Garages should not be rented to a non-tenant.
(c)Â
Garages in residential zones shall not be used for business
purposes.
f.Â
Second principal building or structure on same lot prohibited. No
lot shall contain more than one principal building or structure, except
as permitted and regulated in this chapter.
g.Â
Required area or space. No lot, yard, parking area or other open
space shall be so reduced in area or dimension as to make it less
than the minimum required under this chapter. No lot, yard, parking
areas or other open space which is already less than the minimum required
under this chapter shall be further reduced in area or dimension.
h.Â
Any use which is not specifically permitted is a prohibited use.
i.Â
Corner lots. All corner lots shall meet the front yard requirements
for the front yard for each yard abutting a street.
j.Â
Nature and extent of uses of land. The control and regulation of
the uses of buildings and structure by this chapter shall apply equally
to the nature and extent of the uses of the lot or lots upon which
they are erected.
k.Â
Outdoor storage.
[Amended 11-14-2017 by Ord. No. 2017-31]
1.Â
Outdoor storage of any kind or nature, except storage of those items
customarily used in conjunction with a residential occupancy, is prohibited
in all residential zones. In all cases, any storage in the side yard
area must be at least 10 feet from the property line or in accordance
with side and rear yard setbacks, whichever is greater.
2.Â
In all nonresidential zones and for all nonresidential uses, outdoor
storage is only permitted in the side and rear yards as herein regulated.
No article, equipment, vehicle, supplies or materials shall be kept,
stored or displayed outside the confines of any building unless and
until the same are screened by special planting or fencing, as approved
by the Planning Board, and maintained in good condition, so that they
shall not be visible from any adjacent property or public street.
3.Â
Where retail sales of new or used motor vehicles is permitted, the
storage or display of such vehicles shall be screened from the street
and abutting properties. Screening shall be by a solid six-foot-high
fence along side and rear property lines and shall be by a landscaped
planting (maintained by thirty-inch height) in the front yard area.
4.Â
In all residential zones, the outdoor storage of boats, house trailers,
campers/motor homes, travel trailers, or other trailers measuring
over 24 feet is prohibited. The outdoor storage of boats, house trailers,
campers, travel trailers, or other trailers measuring 24 feet or less
shall be limited to no more than one total unit (boat or house trailer
or camper or travel trailer, or other trailer measuring 24 feet or
less) per property and must be stored in a driveway at the rear or
side yard.
(a)Â
No boat, house trailer, camper/motor home, travel trailer, or
other trailer shall be located (stored) within the setback area of
an abutting dwelling as reflected in this chapter.
(b)Â
Boats as described in this section and open trailers stored
outside must be covered. Covers must be in good condition with no
holes and properly secured.
(c)Â
All trailers, campers/motor homes, travel trailers, or other
trailers as described in this section must be registered and in good
condition.
5.Â
Outdoor storage/cargo (aka shipping containers) containers are prohibited
in all zoning districts.
6.Â
A "PCPSF" portable containerized property storage facility or unit
shall be permitted in all zones, provided:
(a)Â
The unit is registered with the Borough Code Enforcement Department.
The property owner must provide: unit information; length, width and
height of unit; location on property; date of delivery; and date of
anticipated removal. The anticipated removal date is not to exceed
90 days. Renewal of registration may be permitted by the Code Enforcement
Officer. A registration fee of $25 is payable to the Borough of Bound
Brook.
(b)Â
Location. No PCPFS shall be located within the setback area
of an abutting dwelling as reflected in this chapter.
(c)Â
Time and unit limit. No more than one PCPFS shall be located
on specific residential premises and for period not to exceed 90 days
from the date of delivery.
(d)Â
Other requirements. The following requirements shall be met
by the owner or occupier of the residential premises with respect
to a PCPFS:
(1)Â
The PCPFS situated on residential property shall only be used
for the storage of personal property, furniture and household items
normally located on or in a residential dwelling or premises and shall,
upon written notification of the Township, be subject to inspection.
7.Â
Garbage containers (over 100 gallons' capacity)/dumpsters shall be
permitted in all zones, provided:
(a)Â
The garbage container/dumpster is registered with the Borough
Code Enforcement Department. The property owner must provide: unit
information; length, width and height of unit; location on property;
date of delivery; and date of anticipated removal. The anticipated
removal date is not to exceed 90 days. A registration fee of $25 is
payable to the Borough of Bound Brook.
(b)Â
Location. No garbage container/dumpster shall be located within
the setback area of an abutting dwelling as reflected in this chapter.
(c)Â
Time and unit limit. No more than one garbage container (over
100 gallons' capacity)/dumpster shall be located on specific residential
premises and for period not to exceed 90 days from date of delivery.
(d)Â
Exceptions:
(1)Â
Garbage containers/dumpsters (for large construction projects)
exceeding one per property and exceeding 90 days may be permitted
by the Construction Official; registration fee waived.
(2)Â
Garbage containers/dumpsters as permitted for commercial use
(restaurants, retail businesses, etc.). Quantity, size, location and
storage parameters are to be determined by the Land Use Board and
detailed in final site plan resolution.
l.Â
Visibility requirements. All trees adjoining street rights-of-way
lines in all zones shall have their branches trimmed at all times
to insure unobstructed vision eight feet above the street pavement
level. On any corner lot in any residential zone, no fence, structure,
planting or shrubbery over 30 inches in height above the level of
the pavement at the center of the street opposite the point in question
shall be erected or maintained within 25 feet of the intersection
formed by the projections of the two street rights-of-way lines at
the corner.
m.Â
Planting and fences on street property lines. No fence, hedge, shrubbery
or planting on any lot in any residential zone shall be permitted
within one foot from any street right-of-way line.
n.Â
Conversion of existing structures. The conversion of existing structures
to a use permitted in the zone district in which the structure is
located is equally subject to the same regulations as are new structures
to be constructed in the zone district.
o.Â
Access to uses. No driveway shall be permitted to serve any use other
than the permitted use on the lot upon which the driveway is located.
p.Â
Mixed occupancy. Where mixed occupancy is permitted, the side and
rear yard and area requirements of residence zone districts shall
be met.
q.Â
Public buildings and structures. Before a building permit or a certificate of occupancy may be issued for any public building or structure owned or leased by any unit of the government or owned by any public utility, or for any such use in any residential zone, a site plan shall be submitted to the Board for approval or advice, as the case may be. The use shall meet all the required area, front, side and rear requirements of the zone and shall also meet the off-street parking requirements, landscaping and buffer requirements of § 21-9. Nothing shall be construed to permit storage yards, generating plans, and telephone exchange buildings. Buildings for municipal purposes for the Borough of Bound Brook are exempt from this requirement.
r.Â
Signs. No sign shall hereafter be permitted in the Borough unless it shall comply with the requirements of Subsection 21-10.5. All signs must comply with this chapter within five years of its adoption.
s.Â
Height exceptions. The height limitations required in each zone district
shall not apply to church steeples. Church buildings, public school
buildings and structures, flagpoles, or any municipally owned, leased
or operated buildings, structure or use shall not exceed 45 feet in
height above the average elevation of the ground at the foundation
of the structure.
t.Â
Fences and retaining walls. In all zones no fence or wall shall exceed
a height of six feet unless a higher fence or wall is authorized by
the Planning Board to screen an area as part of site plan approval.
All fences and walls shall be so erected that the finished side shall
be away from the property containing such fence or wall. No fence
or wall shall be constructed in any floodway as defined by the New
Jersey Department of Environmental Protection, nor shall any fence
or wall be closer to the center line of any brook than a distance
that equals three times the average width of the brook, except as
approved by the Planning Board as part of a site plan.
In all nonresidential zones and for all nonresidential uses,
all fences or walls shall only be permitted as part of site plan approval.
In all residential zones, fences or walls four feet or less
in height do not require a permit and can be constructed along the
property line on the property containing the fence or wall in any
side or rear yard. Fences six feet or less that are not more than
10% solid do not require a permit and can be constructed along the
property containing the fence in any side or rear yard. Fences more
than 10% solid are not permitted in any front yard. Fences more than
10% solid and higher than four feet are only permitted in a side or
rear yard along a line where the distance from the fence is at no
point closer to an existing dwelling on an abutting lot than the required
side yard setback for the dwelling.
u.Â
Protections and encroachments. Except as hereinafter specified, yards
and courts required under this chapter shall be entirely free of buildings
or part thereof:
1.Â
Cornices, eaves, and chimneys may project not exceeding two feet
over any required yard or court.
2.Â
Sills, leaders, belt courses and similar ornamental or structural
features may project six inches into any required yard or court. An
open fire balcony or fire escape may project into a required yard
not more than four feet.
3.Â
Air conditioning equipment may not exceed 48 inches in height. Any
air conditioning equipment less than 48 inches in height may extend
three feet into the minimum side yard or rear yard area.
4.Â
In order to foster the improvement and rejuvenation of the B/R district,
certain additional limited encroachments are also permitted.
Projections of existing structures whose front building line
is coincident with the front street right-of-way line shall be permitted
to encroach into public street rights-of-way, where such projections
are deemed necessary by the Planning Board and are resulting from
building maintenance and beautification projects. These encroachments
are limited to the following:
(a)Â
Building veneers placed in front of and attached to existing
walls may encroach not more than six inches into the right-of-way
of a public street in a manner approved by the Planning Board.
(b)Â
Eaves, cornices, canopies, soffits, building overhangs and decorative
building elements attached to structural elements of existing buildings
qualifying under this subsection may encroach not more than two feet
into the street right-of-way at the height not less than 10 feet above
grade in a manner approved by the Planning Board. Encroachments of
up to three feet at a height not less than 18 feet above grade are
permitted in a manner approved by the Planning Board.
v.Â
There shall be no apartment or dwelling unit permitted in a basement
portion of any building.
w.Â
Parking for residential use will be in accordance with Residential
Site Improvement Standards, as amended.
y.Â
Any window,
window panel or glass area on any residential, commercial, or mixed-use
building must adhere to the following regulations:
[Added 3-23-2021 by Ord.
No. 2021-08]
2.Â
Commercial
storefronts must permit at least 50% visibility into the store area.
Stacking of any merchandise and supplies within three feet of any
storefront window is prohibited.
3.Â
Window
treatments in commercial windows must present in good condition and
are not permitted to cover greater than 50% of the vertical height
of the window.
4.Â
Window
treatments in any window must present in good condition.
[Ord. No. 04-12 § 21-10.3]
Pursuant to P.L. 1975, Chapter 291, the Planning Board may grant conditional uses as herein permitted. Application for a conditional use shall be made in accordance with procedures set forth in § 21-9 and the Planning Board shall act on the application in accordance with said procedures. No conditional use shall be granted unless the same will not be detrimental to the health, safety and the general welfare of the Borough, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. Requirements for conditional uses shall take precedence over any regulations for the zone in which said use is located. Said conditional use requirements shall be as follows:
a.Â
Public garages and gasoline service stations.
1.Â
Distance from public assembly. The nearest lot line of the lot or
parcel of land to be used as a public garage or gasoline service station
shall be at least 300 feet, measured in a straight line, from the
nearest lot line of any lot upon which is located any building used
as a theater, auditorium or other place of public assembly, capable
of seating over 100 persons, or used as a church, hospital for humans,
college, school, public library or institution for dependents or children,
or any public playground or athletic field.
2.Â
Mixed use. No part of any public garage or gasoline service station,
wherever located, shall be used for any other purpose.
3.Â
Distance from other public garage. No part of any public garage or
gasoline service station, nor any driveway entrance or exit to or
for the same, shall be located within 300 feet of any lot line of
any lot upon which is located any other public garage or gasoline
service station.
4.Â
Minimum lot area and frontage. The minimum lot size for any lot upon
which any public garage or gasoline service station is located shall
be 10,000 square feet and the minimum street frontage of the lot shall
be 100 feet. If a public garage or gasoline service station is located
on a corner lot, the minimum street frontage on each street shall
be 100 feet.
5.Â
Entrance and exit driveways. Entrance and exit driveways to and from
any lot upon which is located a public garage or gasoline service
station shall have an unrestricted width of not less than 16 feet
nor more than 24 feet, shall be located not nearer than 10 feet from
any lot line and shall be so laid out as to avoid the necessity of
any vehicle leaving the property by backing out across any public
sidewalk, street, highway, right-of-way or portion thereof.
6.Â
Paving requirements. The area of all driveways and other areas over
which motor vehicles are intended to be driven or parked on any lot
upon which is located a public garage or gasoline service station
shall be paved with a bituminous or concrete surface sufficient to
meet Borough pavement specifications applicable to streets and roadways.
7.Â
Outdoor repair prohibited. On any premises upon which a public garage or gasoline service station is located, all services or repairs to or for motor vehicles, other than such minor items as the changing and filling of tires or the sale of gasoline and oil, shall be conducted within the confines of a building capable of being wholly enclosed. Repairs may be conducted within the rear yard area and only within daylight hours and with the approval of the Planning Board. Any vehicles stored outside overnight shall be so stored as to meet the provisions of Subsection 21-10.2k.
8.Â
Setback restrictions. No part of any building used as a public garage
or gasoline service station and no filling pump or other service appliance,
whether for gasoline, oil or any other combustible liquid or material,
shall be erected within 10 feet of any side or rear lot line and the
ten-foot free area required hereunder shall at all times be kept free,
open and unobstructed for the purpose of ready access by emergency
fire and police vehicles.
9.Â
Storage of flammable materials. At any public garage or gasoline
service station, storage facilities for gasoline, oil or other flammable
materials in bulk over 75 gallons shall be located wholly underground
and no nearer than 35 feet from any lot line other than any street
right-of-way line. No gasoline or oil pumps, oil or greasing mechanism
or other service appliance installed for use at such premises shall
be within 10 feet of any street right-of-way line and no gasoline
pump shall be located or permitted within any enclosed or semi-enclosed
building.
10.Â
Expansion of existing public garages or gasoline service stations.
No permit for the alteration or expansion of any existing public garage
or service station shall be issued except upon compliance by the applicant
with all the provisions of this subsection.
11.Â
Minimum buffer area abutting a residential zone: 20 feet.
b.Â
Houses of worship. Churches may be permitted, based upon the following
conditions:
1.Â
Minimum lot areas shall be twice the minimum area permitted in the
zone district in which the property lines, or 15,000 square feet,
whichever is greater.
2.Â
Minimum frontage shall be 100 feet.
3.Â
Minimum front yard setback: 40 feet.
4.Â
Minimum side yard setback: two times the minimum side yard requirement.
5.Â
Minimum rear yard setback: two times the minimum side yard requirement
of the zone, except that when the rear yard abuts a residential zone,
the side yard shall be a minimum of 40 feet.
6.Â
Maximum percent of impervious coverage: 65%.
7.Â
Maximum building height: 35 feet, except that spires may be 45 feet.
8.Â
Minimum buffer area abutting a residential zone: 20 feet.
9.Â
Minimum number of parking stalls: one space for each 72 inches of
seating or one space for each three seats.
c.Â
Home occupations may be permitted based upon the following conditions:
1.Â
Home occupations shall submit an application to the reviewing Board
for site plan approval.
2.Â
No more than two employees other than the owner/occupant may work
on the premises.
3.Â
Not more than 25% of the total floor area of such dwelling or 400
square feet, whichever is lesser, shall be devoted to such employment
or occupation.
4.Â
There shall be no display of goods offered for sale in conjunction
with such employment or occupation which is visible from any street
or adjoining lot. There shall be no motor vehicles or equipment or
other items used in connection with or upon which any service is performed
in connection with such employment or occupation stored or kept in
any location on the lot, except in an enclosed building.
5.Â
No equipment or process shall be used in such employment or occupation
which shall create noise, vibration, glare, fumes, odors or electrical
interference detectable to the normal senses off the lot, and, in
the case of electrical interference, no equipment or process shall
be used which creates visual or audible interference in any radio
or television receiver off the lot or causes fluctuations in line
voltage off the lot.
6.Â
Residential character of the building, property or neighborhood shall
not be changed. There shall be no identification sign or other outside
alteration.
7.Â
The use does not alter the parking required or need for additional
parking on the residential premises and does not require any off-site
parking.
8.Â
The operator of the occupational enterprise must reside in the premises.
[Ord. No. 04-12 § 21-10.4]
a.Â
Continuance of nonconforming uses or structures. Any nonconforming
use or structure which lawfully existed as of June 21, 1966, may be
continued.
b.Â
Alteration, extension or enlargement of nonconforming uses or structures.
Nonconforming uses or structures in all zone districts shall conform
to the following requirements:
1.Â
Any structure or use of land which is nonconforming because of use
shall not be enlarged or extended in any manner whatsoever. Subdivision
of land shall be conducted such that the use is on a smaller lot area.
2.Â
There shall be no structural alterations made to any nonconforming
building or structure that is nonconforming because of use.
3.Â
A nonconforming use changed or altered to a conforming use may not
thereafter be changed back to a nonconforming use, but nothing hereinbefore
stated shall prevent the strengthening or restoring to a safe and
lawful condition or any part of any building declared unsafe by the
Construction Official, the Chief of the Fire Department or the Borough
Engineer.
4.Â
In the event that there shall be a cessation of operation of any
nonconforming use for a period of 12 consecutive calendar months,
the same shall be presumed an abandonment of such nonconforming use.
Any subsequent attempt to rely upon exercise or reinstate such abandoned
nonconforming use (the provisions of paragraph A notwithstanding)
shall be deemed a violation of this chapter.
5.Â
A change from one nonconforming use to another nonconforming use
is prohibited, even if there are no changes in structure or lot.
6.Â
Nothing in this chapter shall be construed as authorization for or
approval of the continuance of the use of a building, structure or
premises in violation of any Zoning Ordinance rules or regulations
in effect immediately preceding June 21, 1966.
7.Â
Any nonconforming use that is nonconforming because it fails to comply
with height, area, yard, off-street parking or other like requirements
of this chapter shall not be changed or altered to enlarge the nonconformance.
c.Â
Restoration of existing buildings which are nonconforming because
of use. Nothing in this chapter shall prevent the restoration or continuance
of a nonconforming building or structure which is nonconforming because
of its use and which is partially destroyed by fire, explosion, act
of God or any other public enemy, or the like, if the extent of the
destruction is not more than 50% of the true value based upon assessed
value of the whole building or structure at the time of the partial
destruction. If, however, any such building or structure shall be
destroyed in the manner aforesaid to an extent exceeding 50% of the
true value of the whole building or structure at the time of destruction
then the same may only be reconstructed and thereafter used in such
a manner as to conform to all requirements, terms and conditions of
this chapter.
d.Â
Restoration of existing buildings which are nonconforming because
of reasons other than use. Nothing in this chapter shall prevent the
restoration or continuance of a nonconforming building or structure
which is nonconforming because it fails to comply with any height,
area, yard, off-street parking or other like requirements of this
chapter, and which is partially destroyed by fire, explosion, act
of God or of any public enemy, or the like; provided, however, that
the restoration of any such building or structure shall not enlarge
the previously existing nonconformance.
[Ord. No. 04-12 § 2-10.5; Ord. No. 09-07; Ord. No.
2012-11]
NOTE: Sign ordinances for the Business/Residential (B/R) District: Refer to Section 21-10.15i, Signs. When there is a conflict between Section 21-10.15i and Section 21-10.5, Signs, Section 21-10.15i shall take precedence.
a.Â
ADVERTISING BANNER, BUNTING OR FLAG
ARTISAN OR CONTRACTOR SIGN
BILLBOARD
COMMUNITY EVENT SIGN
MEMORIAL OR HISTORIC SIGN
NONCONFORMING SIGN
OFF-SITE SIGN
PERMANENT FIXED SIGN
PERMANENT FREESTANDING SIGN
PORTABLE "A" FRAME SIGN
PORTABLE "BOX"-TYPE LIGHTED SIGN
PORTABLE LIGHTED TUBULAR OR COMPOSITE DIODE SIGN
REAL ESTATE SIGN
SEARCHLIGHTS
SIGN
TEMPORARY SIGN
Definitions.
Any piece(s) of cloth, vinyl, plastic, canvas or similar
material; of any size, shape, color, design; hanging or fixed in place;
used to identify, promote, advertise or announce the interest of any
person, business establishment or charitable organization, when the
same is placed in view of the general public. Examples are foreign
flags, decorative or seasonal banners, or sporting team flags. Does
not include any official US, State, County or municipal flag.
A temporary sign identifying a firm that is doing construction,
decoration, or repair work on a property.
Any sign used to advertise, identify, display, or attract
attention to a person, organization, business, product, service or
event not located or taking place on the premises. An off-site sign.
A sign that announces a noncommercial, community event sponsored
by a civic, non-profit, institutional or government organization.
A commemorative plaque, memorial tablet or emblem of an official
historical body identifying the historical relevance or designation
of a building or property.
A permanent sign existing at the effective date of the adoption
of this subsection (Ordinance No. 09-07, adopted July 28, 2009) which
could not be built or displayed under the terms of this subsection.
A sign which contains a commercial message, or directs attention
to a business, commodity, service, entertainment or attraction sold,
offered or existing elsewhere than upon the same lot where such sign
is displayed. See also, Billboards.
Any sign which is, or is designed or required to be, permanently
installed or mounted with hardware, brackets, epoxies or other permanent
mounting materials or devices on the exterior of a structure or on
the interior of a window. Included in this category are all painted
or etched lettering and graphics on windows, lettering and graphics
on canopies/awnings, sticker-type or adhesive lettering and signs
and all lit signs with a dedicated electric supply, whether interior
or exterior.
Any sign supported by permanent structures or supports that
are placed or anchored in the ground, and which is independent from
any building or structure.
Also referred to as a "sandwich sign," is a temporary, portable
ground sign constructed with two sides joined/hinged at the top, allowing
the sign to stand alone in an upright position.
An enclosed portable indoor sign unit that is lit from within,
with translucent panels that allow light to pass through. This type
of sign is typically hung in a window.
A neon, light emitting diode (LED) or other tubular electric
or battery-powered unit designed to be hung inside a window as a sign.
Examples of such units are liquor brand logos as are displayed in
bar or restaurant windows, or custom-made units that have neon-tube
words or graphics referencing products or services, or LED "open"
signs.
A temporary sign placed upon a property for the purpose of
advertising to the public the sale or lease of said property.
A controlled device containing a light and reflector on a
swivel, for projecting a strong, far-reaching beam in any direction.
Any device, light, combination of materials, lettering, figures,
marks, pictures, emblem, display, object, design, logo, symbol or
trademark that is used or intended to be used to attract attention
or convey information when the same is mounted, placed or installed
for exterior observance. A sign shall be considered a single display
surface or display device containing elements organized, related and
composed to form a unit. Where matter is displayed without an organized
relationship, or where there is doubt as to the relationship of elements,
each element shall be considered to be a single sign.
Any sign which is not included in the permanent signage of
a building or site, and which is not permanently installed with hardware
or other permanent mounting materials, or which has not been approved
for permanent display by the zoning officer as allowed by ordinance,
or by resolution of the Planning Board. Temporary signs include banners,
pennants, flags, flyers, posters and all display devices announcing
a special event, promotion, sale, ad campaign or opening.
b.Â
Purpose. The purpose of this subsection is to promote orderly and
appropriate signage that aids orientation, identifies activities,
promotes a desirable visual environment, protects property values
and enhances the Borough's ability to attract beneficial sources of
economic development; to protect the public health, safety and welfare
by restricting signs which are unsafe, impair the public's ability
to receive information or increase the probability of accidents by
distracting attention or obstructing vision; and to maintain adequate
light and visibility through windows for both passive illumination,
visibility and safety and security purposes.
c.Â
Applicability. All signs within the Borough of Bound Brook that are
placed for exterior observance shall be erected, constructed and maintained
in accordance with the provisions of this subsection. In the case
of externally illuminated signs, the location, intensity, orientation
and type of illumination of any sign must also conform to the provisions
of this subsection. No existing sign shall be altered, enlarged, rebuilt,
or relocated except in accordance with the provisions of this subsection.
d.Â
Measurement of sign area and height. The area of a sign shall be
computed as the total square footage of the background upon which
the lettering, illustration or display is presented, including any
base support or frame. If there is no background, the sign area shall
be the rectangle which is the product of the largest horizontal and
vertical dimensions of the lettering, illustration or display.
The height of a freestanding sign shall be computed as the distance
from the normal grade to the top of the highest point of the sign,
including any mounting device. Normal grade shall be the newly established
grade after construction, exclusive of any filling or excavating solely
for the purpose of locating the sign.
e.Â
Permit required. No sign, except those qualifying for permit exemption
shall be displayed, installed, painted, constructed, erected, remodeled,
relocated or expanded until a zoning (sign) permit for such sign has
been obtained from the Zoning Officer in accordance with the provisions
of this subsection.
f.Â
Permit exemptions. The following signs shall not require a zoning
(sign) permit: real estate signs; election signs; memorial or historic
markers; flags of the US or the State; signs which display or post
address numbers as permitted or required by this subsection; seasonal
displays and decorations which do not advertise product or services;
wall or ground signs not exceeding four square feet warning the public
against hunting, fishing or trespassing on property, but only where
such activities are likely; community event signs that do not exceed
six square feet; routine maintenance and repair of a conforming or
nonconforming sign; change of copy on an advertising sign or marquee
designed for such purpose and approved by the Planning Board; signs
of a constituted governmental body; construction, artisan or contractor
firm signs displayed on a site during the period of construction;
and temporary window signs that do not exceed eight square feet per
sign, but which conform to all provisions of this subsection.
g.Â
Permit application process and fees. Zoning (sign) permit applications
may be secured at the Borough Municipal Building.
1.Â
A zoning (sign) permit shall be obtained for any exterior sign or
device, whether permanent or temporary, and for any interior/window
sign, including temporary signs, except for portable lighted signs,
or interior temporary signs with an area of eight square feet or less.
The permit fee may be waived by Borough Council for tax-exempt organizations.
2.Â
A zoning (sign) permit shall become null and void if the work for
which the permit was issued has not begun within six months. One six-month
extension may be granted by the Zoning Officer. Permits for temporary
signs will be valid for only the specific forty-five-day interval
designated on the permit.
3.Â
An applicant seeking a zoning permit for a sign shall submit a scale
drawing and at least the following information to the Zoning Officer,
and to the Construction Code Official if a construction permit is
required:
(a)Â
Sign area and dimensions;
(b)Â
Height above grade, below roofline, and from each edge of the
wall and/or window on which it is displayed/mounted;
(c)Â
Width (horizontal measurement, in feet) of building frontage(s);
(d)Â
Description of sign materials, including type, color and texture;
(e)Â
Style and dimensions of letters and other graphics/symbols/elements;
(f)Â
Method of illumination, if any, including a detail showing the
number, location and wattage of bulbs or other light sources, reflectors
and shields, and type of light source, etc.
(g)Â
Detail showing construction base, pole and any other supports,
brackets or frame;
(h)Â
Location, including sight triangle easement areas;
(i)Â
For freestanding signs greater than eight feet in height, computations
for structural strength and stability of entire structure.
4.Â
Temporary signs.
(a)Â
Where there is an application for a zoning (sign) permit for
the installation or mounting of a temporary sign, there shall be one
annual fee for the installation or mounting of temporary sign, such
annual fee will be valid for up to six applications for temporary
signs within one year from the date of issuance of the zoning (sign)
permit.
(b)Â
An applicant will be required to make an application for each
temporary sign that the applicant wishes to install or mount.
(c)Â
If an applicant seeks to submit more than six applications for
a zoning (sign) permit for the installation or mounting of a temporary
sign within the year during which the applicant's zoning (sign) permit
is valid, the applicant must pay an additional $25 per application
until such time as the annual zoning (sign) permit expires, at which
time the applicant must seek a new annual zoning (sign) permit for
the new year.
The annual fee for the installation or mounting of a temporary
sign shall cover a period of one year from the date of the issuance
of the zoning (sign) permit.
h.Â
Permit review.
1.Â
The Zoning Officer shall review and grant/deny zoning permits for
signs, including temporary signs and permanent freestanding signs
on existing developed sites where the sign conforms to all requirements
of this subsection, or for replacement or relocation of existing permanent
freestanding signs where the sign conforms to all requirements of
this subsection, in accordance with the regulations contained in this
subsection, for signs on existing developed properties for which no
change to the site other than the sign is being proposed, and if the
proposed sign conforms to all regulations in this subsection. If the
sign does not conform to the provisions in this subsection, the applicant
must obtain a waiver from the Planning Board.
i.Â
Prohibited signs. The following signs shall be prohibited:
1.Â
Signs, such as billboards, which advertise products, services or activities conducted off premises, except for IP Zone along Route 287 as delineated in Exhibit A (on file in the office of the Borough Clerk). Unless in conformance with all provisions of Subsection 21-10.3, Conditional Use, no sign shall be permitted which is not directly related to the business conducted on the property;
2.Â
Permanent changeable copy displays are prohibited in residential
and historic districts;
3.Â
All signs which move, rotate, have moving parts, reflecting materials,
flashing/blinking lights or mechanically changing displays except
in the B1 Zone and that part of the OB Zone west of Church Street.
No such sign shall have blinking, flashing, strobe or fluttering lights
or any other illuminating devices which have a changing light intensity,
brightness or color, except for time and temperature;
4.Â
Fully-lighted canopy signs subject to the regulations of Paragraph
n7;
5.Â
All signs in a residential district other than those permitted in
paragraphs q and r of this subsection;
6.Â
Window "surround" lighting of any kind. Linear lighting (neon, LED,
festoon, string lights or other) that frames or outlines a window
or building feature is prohibited;
7.Â
Signs that in any way obstruct pedestrian or driving vision, traffic
signals or street signage, other places of business, or other signs
(or windows) of the building on which they are located;
8.Â
Signs that have a shape, color or construction that resembles emergency,
regulatory or warning signs;
9.Â
Wind socks and all types of inflatable or wind-driven sign devices;
10.Â
Signs erected, painted or otherwise posted on trees, rocks,
other natural features, or public utility poles, except those used
for a garage sale as discussed in paragraph q,2(c).
j.Â
General sign limitations.
1.Â
Total sign coverage of any type shall not exceed 20% of any window,
window panel or glass area on any building. Community event signs
are not included in this limitation, but total sign coverage in no
case shall exceed 50% in any window.
2.Â
No sign shall project over, occupy or obstruct any other sign.
3.Â
Any mounted sign affixed to a structure, or display device extending
over pedestrian areas must allow a minimum seven feet of vertical
clearance.
4.Â
All signs shall be maintained in good condition, which shall include
replacement or repair of broken structural elements, casings or faces,
maintenance of legibility and all lighting elements as determined
by the Zoning Officer.
k.Â
Temporary signs. Establishments in business districts shall be permitted
to display temporary signs, as follows:
1.Â
Temporary window signs. Businesses may display temporary signs in
ground floor windows, including glass doors, for the advertising of
goods and services available on the premises. Such signs shall be
placed only on the interior of the windows.
(a)Â
Temporary window signs shall not exceed four feet in any dimension.
(b)Â
Temporary window signs with an area greater than eight square
feet require a zoning (sign) permit, which shall allow display for
a forty-five-day period. The permit for a sign must be available for
inspection on the premises during all times that the sign is displayed.
The permit number and date shall be written clearly on a lower back
corner of the sign.
(c)Â
All signs shall be maintained in good condition. Faded, torn,
yellowed, crooked or other deteriorated or unsightly signs are not
permitted, and shall be removed. Clear adhesive materials, only, shall
be used to mount temporary signs, and adhesives must be removed when
the sign is removed. No duct tape or similar opaque adhesives shall
be permitted. If a temporary sign is not in good condition, it must
be removed at the request of the Zoning Officer, whether or not it
has been displayed for a full 45 days.
2.Â
Exterior temporary business signs.
(a)Â
A temporary sign of any size or type such as an advertising
banner, bunting, flag or string banner, that is displayed outside
of a building, whether or not such sign includes lettering or graphics,
requires a zoning (sign) permit, and is limited to a forty-five-day
display period that coincides with the event or promotion as stated
on the sign. Exterior temporary signs shall be permitted only for
a special event or promotion, with a maximum of one per establishment
displayed at any time. Any exterior temporary sign shall display the
time period of the event or promotion being advertised.
l.Â
Portable "A-Frame" signs. Each ground floor commercial establishment
may display one portable A-frame sidewalk sign; only if the positioning
of such sign allows for a minimum of five feet of clear adjacent walkway/sidewalk
access in the pedestrian areas associated with the building and does
not block parking, parking meters or other public amenities, or obscure
vision for traffic. A zoning (sign) permit shall be required for an
A-frame sign.
1.Â
The A-frame sign display surfaces shall be made of dark-colored writable/erasable
materials only, such as slate, "dry erase" board, or a dark surface
covered by Plexiglas, on which erasable writing can be displayed.
2.Â
Maximum dimensions of each side panel shall be two feet wide by three
feet high.
3.Â
No paper or other materials shall be affixed to the exterior surface
of the A-frame sign.
4.Â
No other portable standing signs are permitted.
5.Â
The sign shall be maintained in good condition.
6.Â
The sign may be displayed outdoors only during hours the establishment
is open for business.
m.Â
Window lighted signs. Each commercial establishment may display one
distinct box-type, tubular/neon or composite LED portable lighted
sign per ground floor window panel.
1.Â
Maximum area of each portable lighted sign shall be four square feet,
with a three-foot maximum in any dimension, but total window coverage
of sign(s) of any kind shall not exceed 20% per window.
2.Â
Power cords and other electrical components shall be minimized as
to visibility from outside the building, to the extent practicable.
Excess cord shall be out of sight from the building exterior.
3.Â
Each establishment is limited to one "open" sign.
4.Â
No blinking or moving lights or changing displays shall be permitted.
5.Â
Lighted signs require a permit and shall not be permitted above the
ground floor level.
n.Â
Permanent fixed signage in Business/Commercial Districts. Unless
otherwise regulated in this subsection, only those signs identifying
the name, business, occupant, service, address or product offered
or sold on the premises shall be permitted. Permanent fixed signs
shall be of professional, permanent quality, and shall be maintained
in good aesthetic and structural condition, as originally permitted
and installed. If the Zoning Officer determines that a sign is not
in good condition, the Officer shall issue an order for removal.
1.Â
Required signs. Each business shall have at least one permanent fixed
sign, located on the building frontage, displaying the name of the
business, and one permanent fixed sign (external or window) displaying
its street number(s). The street number(s) shall be a minimum of three
inches by two inches, and shall be located on the door.
2.Â
Size and area limits. In all commercial districts excepting the Regional
Business/Senior Residential Zone, the total area of all permanent
fixed signs, not including permanent freestanding signs, shall not
exceed two square feet per linear feet of frontage of the building.
In addition, any permanent fixed sign is limited to 75% of the width
(or first floor height, if the sign is vertical) of the building frontage.
The maximum of all permanent fixed signage for any building shall
be 40 square feet, except for businesses with frontage along two public
streets. For businesses with frontage along two public streets, the
maximum allowed permanent fixed signage shall be 60 square feet, not
to exceed 40 square feet on any side.
3.Â
Characters (lettering and numbering) on permanent fixed signs shall
be a minimum of six inches in height, except on etched or painted
window signs.
4.Â
Internally lit signs are not permitted in the BR, NBR or OB zones.
5.Â
Mounting and height limits. Building-mounted signs shall not extend
above the roofline or parapet, or above the floor in which the business
operates. No sign shall project more than 15 inches from the face
of the wall upon which it is attached, nor closer than 10 feet from
ground level below the sign. Signs shall be mounted parallel to walls
or perpendicular to the right-of-way.
6.Â
Sign illumination. All illuminated signs shall comply with the following:
(a)Â
External sign illumination. Direct light shall be completely
shielded from view of vehicular traffic. The width of the beam of
a spotlight-type light may be no wider than the object of illumination
(sign), and all illumination shall be shielded or made translucent
to avoid spillage to neighboring properties, or light projecting in
any direction except directly onto the sign.
(b)Â
Internal sign illumination. Internally-lit signs shall be designed
to minimize glare. The light source shall not be visible from outside
the sign and shall be diffused to eliminate hot spots. The background
of the sign shall be opaque and the lettering or graphics shall be
translucent.
7.Â
Canopy and awning signs. Establishments may utilize canopies or awnings
as signs only as follows:
(a)Â
No fully-lighted canopy signs shall be permitted. Where canopies
have internal lighting, they are considered to be an internally-lit
sign. Canopy background shall be opaque, and lettering or graphics
shall be translucent. Sign text and graphics on the canopy are limited
in total width to 75% of the width of the business building frontage,
centered on the awning. No translucent materials shall be used anywhere
on the awning/canopy except for the sign text and graphics.
(c)Â
Torn, faded or otherwise deteriorated canopies/awnings utilized
as signs shall not be permitted. The Zoning Officer shall have the
same authority to require removal of such awnings as for other signs
unless the applicant obtains a waiver from the Planning Board.
o.Â
Permanent freestanding signs.
1.Â
A commercial establishment that conforms to all applicable bulk standards
of the zone, and which is a minimum of 10 feet from the street right-of-way
line, may erect or display one permanent, vertical-format, freestanding
sign according to the following schedules:
2.Â
A freestanding sign shall not exceed 25 square feet, with a maximum
of eight feet in any dimension.
3.Â
The edge of the sign nearest to the highway/road right-of-way shall
be no closer than five feet to the right-of-way.
4.Â
No freestanding sign shall block a sight easement, or inhibit pedestrian
or vehicular traffic.
p.Â
Sign removal. All signage shall be removed from a business/commercial
site when the business has ceased to operate for a period exceeding
60 days. When permanent exterior signage is removed, all mounting
and other associated devices shall also be completely removed, and
the underlying surfaces shall be painted and/or otherwise restored
to match the adjacent building surface, such that there is no appearance
of a missing sign. This restoration requirement applies whenever a
sign is removed (excepting temporary removal for sign repair or replacement),
regardless of the reason for removal. In cases of temporary closures,
the business owner may appeal to the Zoning Officer for relief of
up to six months. Where due written notification has been given by
the Borough and compliance has not been achieved within 30 days from
notification, the Borough may cause removal of such sign and charge
the cost to the owner.
q.Â
Other signs.
1.Â
Real estate, artisan/contractor, and election signs.
(a)Â
Election signs. Election signs may not exceed four feet in any
dimension, and must be removed within one week after the election.
Placement shall not block visibility for traffic or create a pedestrian
or traffic impediment, and may not block any other sign.
(b)Â
Real estate signs shall pertain only to the lease or sale of
the lot upon which they are placed. No more than one such sign shall
be displayed for each street frontage of a structure, whether residential
or commercial.
(c)Â
Artisan/contractor signs. No more than one such sign shall be
displayed on a lot, and the sign shall not exceed four square feet.
The sign may be displayed only during the period when the contracted
work is in process, and must be removed within seven days of completion
of work.
(d)Â
No lighted real estate, artisan/contractor or election signs
are permitted.
2.Â
Community event signs.
(a)Â
A sign zoning permit shall be obtained for any community event
sign(s) greater than six square feet, or if the sign is displayed
in a public right-of-way. The permit fee is waived. Signs shall be
removed within one week after the event.
(b)Â
Commercial establishments may display signs announcing community
events. Such signs shall not be counted toward the establishment's
20% limit on window coverage, but total coverage in no case shall
exceed 50% on any window. A business may display signs for multiple
community events, but shall display no more than one sign announcing
any one event.
(c)Â
Garage sale signs shall not be erected more than five days prior
to the date of sale and shall be removed within 24 hours of the completion
of the garage sale as advertised. All signs must be self supporting;
r.Â
Signs for residential dwellings and institutional uses.
1.Â
Single and two-family residential uses. Each dwelling shall display
its street number(s) in characters/numerals no less than four inches
tall and no greater than six inches tall, in a location clearly visible
from the street. Each dwelling is permitted to have one, and only
one, non-illuminated identification sign, maximum two square feet
in area.
2.Â
Three-, Four- and other multi-family residential dwellings. Each
dwelling shall display its street number(s) in characters/numerals
no less than four inches tall, in a location clearly visible from
the street. Each dwelling is limited to one non-illuminated freestanding
or attached identification sign no larger than eight square feet.
3.Â
Institutional uses. Schools, colleges, churches, hospitals and institutions
of a similar public or semipublic nature may erect one sign per property
where such property conforms to all bulk requirements of the zone.
Such sign is limited to two square feet for each linear foot of frontage
of the building, or 50 square feet, whichever is less, and is limited
to 75% of the width (or first floor height, if the sign is vertical)
of the building frontage. The sign may be illuminated, and may be
freestanding or wall-mounted. A freestanding sign must conform in
area, dimensions, orientation and distance from the right-of-way to
paragraph o., on Permanent Freestanding Signs. Hospitals may also
have two accessory information signs, not to exceed 20 square feet
each.
s.Â
Searchlights.
1.Â
Searchlights or similar lights displayed to attract attention but
unrelated to illumination of a permitted sign. Searchlights shall
be prohibited except for grand openings and shall require a permit.
t.Â
Signs in the RB/SR Zone.
1.Â
Freestanding signs along a State highway shall not exceed 400 square
feet and shall not exceed 20 feet in length. There shall be a maximum
of one freestanding sign along Route 28 and one freestanding sign
along Route 22. One additional freestanding sign on Route 28 may be
permitted at the discretion of the Planning Board. Freestanding signs
within the commercial development along an internal (non-local) road
shall be limited to 200 square feet, 10 feet in length and 20 feet
in height.
2.Â
Each principal building within the commercial area may have one major
sign attached to the building not exceeding 24 inches in height and
250 square feet. A supermarket may have additional signage on the
principal facade, not exceeding 50 square feet. Where an individual
activity occupies at least 750 square feet of segregated area and
has direct access from the outside, a sign not exceeding 50 square
feet in area identifying the name of the activity is permitted. Identifying
sign(s) for each activity shall also be permitted and may be suspended
in perpendicular fashion from a roof over a common walkway, where
and when such common walkway exists. All such signs must be similar
in size, shape, color and lettering style and shall not exceed four
square feet.
3.Â
If the additional discretionary signs described above are not permitted,
then a principal building located within 100 feet of a State highway
shall be permitted to have one additional sign attached to the building
that faces the State highway not to exceed 250 feet.
4.Â
Within commercial areas, signs shall be coordinated so as to create
an overall appearance of uniformity of style and color, and a proportionality
of size and shape. In addition to the standards set forth in the general
provisions of this subsection, signs with commercial areas for which
a sign plan has not been approved by the Planning Board, shall comply
with all the provisions relating to signs for the zone in which the
commercial area exists.
5.Â
Design theme. There should be a consistent sign design theme throughout
a particular project, except that national chains may employ their
logo in keeping with the height and size criteria in this chapter.
The design theme would include style of lettering, construction, material,
type of pole or standard (wood or metal, for example), size and lighting.
Color of letters and background is also important and should be carefully
considered in relation to the color of the material or buildings or
where the signs are proposed to be located.
u.Â
Historic Zone.
1.Â
All signs to be located in the Historic district shall be approved
by the Architectural Review Committee (ARC), if constituted, or the
Planning Board Site Plan Subcommittee if there is no ARC. Notwithstanding
any other provision of this chapter, the ARC, in approving a sign,
may further regulate such sign with respect to area, height, placement,
materials, color, lighting, graphics, lettering or architectural styling.
[1]
Editor's Note: The Sign Designation Schedule and List of Permitted Types of Signs are included as attachments to this chapter.
[Ord. No. 04-12 § 21-10.6]
a.Â
Building permits and plans. No building or structure or part thereof
shall be erected, razed, moved, extended, enlarged, altered or demolished
unless and until a permit has been granted by the Construction Official
thereof.
Plans and intended uses therefor shall indicate that such building or structure is designed to conform to all respects to the provisions of this and all other applicable ordinances of the Borough of Bound Brook. No building permit or zoning permit shall be issued for the erection, razing, moving, extending, enlargement or alteration of any building or structure, or parts thereof, in any B-1, B/R, O-B, NB/R or I-P Zone district unless and until the requirements of § 21-9 have been met. If these requirements are not met, the applicant must secure Board approval for variance from the requirement.[1]
[1]
Editor's Note: The NB/R District was repealed 6-27-2023 by Ord. No. 2023-028 and incorporated into the Business/Residential (B/R) District.
b.Â
Zoning permits. No land shall be occupied or used in whole or in
part for any purpose whatsoever unless and until a zoning permit therefor
shall have been issued by the Construction Official. A zoning permit
shall be required for the use of any premises which does not have
upon it a building. Whenever there shall be a change contemplated
in the use of any premises which does not have a building upon it,
a new zoning permit therefore shall be required.
c.Â
Certificate of compliance and certificate of occupancy. No building
or structure hereafter erected or altered and no building in which
the occupancy or nature of use shall have been changed shall be occupied
or used in whole or in part for any purpose whatsoever unless and
until a certificate of occupancy shall have been issued therefore
by the Construction Official. The issuance of a certificate of occupancy
shall negate the necessity of securing a zoning permit for the same
premises. The issuance of a certificate of occupancy shall supersede
and revoke any zoning permit already granted for the same premises.
A certificate of compliance and/or a certificate of occupancy shall
be required whenever there is a change in owner, change in tenant
or change in use. Except for single-family and two-family uses, a
site plan shall be required prior to the issuance of an applicable
certificate.
d.Â
Time limitation. The Construction Official shall issue or deny a
zoning permit within seven days of the application therefore where
site plan approval by the Planning Board is not required and within
seven days after action on the site plan by the Planning Board where
site plan approval is required. The Construction Official shall issue
or deny a certificate of occupancy within seven days of the application
therefor where site plan approval by the Planning Board is not required
and within seven days after action on the site plan by the Planning
Board where site plan approval is required.
e.Â
Prerequisite for the Issuance of Zoning Permits or Certificates of
Occupancy. No zoning permit or certificate of occupancy shall be issued
by the Construction Official until he/she has ascertained that all
the requirements of this chapter and any other applicable Borough
or State regulations and ordinances, Board of Adjustment decisions,
necessary resolutions of the Borough Council, and site plan as approved
by the Planning Board, have been and are fully complied with. All
improvements shown on any site plan shall have been installed on the
premises in question before any zoning permit or certificate of occupancy,
as the case may be, shall be issued. When, by reason of adverse weather
conditions or other good cause shown, completion of certain improvements
would cause an undue delay in the issuance of a certificate of occupancy,
the Construction Official may require the posting of a performance
guarantee sufficient in amount to cover the cost of all such incompleted
improvements, as estimated by the Borough Engineer, assuring the installation
of such incompleted improvements within one year of the posting of
the performance guarantee.
f.Â
Denial of zoning permits, building permits, certificates of occupancy.
Notwithstanding the provisions for denial as provided in this chapter,
the Zoning Officer and Construction Code Official shall deny any application
for zoning permit, building permit, or certificate of occupancy if
the use is not an unmistakably clear permitted use in the zone district.
g.Â
Changes in use terms and conditions. A zoning permit or certificate
of occupancy shall specify the use of the land, or building or buildings
and any terms or conditions imposed thereunder. Any change in use
shall be treated as a new use and a new zoning permit or certificate
of occupancy, as the case may be, shall be required therefore. Before
any zoning permit or certificate of occupancy shall be issued for
any such change in use, all provisions of this chapter shall be complied
with in the same manner as if the new use were an initial use of land
or a new structure or building. A zoning permit or certificate of
occupancy shall not be issued in circumstances where an existing nonconforming
use is to be converted to a different nonconforming use.
h.Â
Records. It shall be the duty of the Zoning Officer and the Construction
Official, respectively, to keep records of all applications for building
permits, zoning permits or certificates of occupancy and of all such
permits and certificates issued together with a notation of all special
terms or conditions imposed thereunder. Each shall be responsible
for the filing and safe keeping of all plans and specifications submitted
to him/her with any application, and the same shall form a part of
the records of his office and shall be available to all officials
of the Borough of Bound Brook. Copies of any permits or certificates
shall be furnished upon request to any person who shall have a right
thereto by law.
i.Â
Violations. The use or occupancy of land or buildings prior to securement of a building permit, zoning permit, or a certificate of occupancy, as the case may be, when one is required, shall be a direct violation of this section and shall subject the violator or violators to the penalties prescribed in Subsection 21-13.3.
[Ord. No. 04-12 § 2-10.7]
a.Â
Primary intended use. This zone district is designated for single-family
residential use but permits:
Public Parks and Public Playgrounds, but the procedure in Subsection 21-10.2q must be followed.
b.Â
Accessory uses.
1.Â
Permitted accessory uses customarily incident to the above uses provided
they do not include any activity commonly conducted for gain unless
specifically permitted in this chapter.
5.Â
Private swimming pools provided, however, the edge of the waterline
of the pool shall not be closer than 10 feet to any side or rear lot
line and on corner lots no part of any private swimming pool shall
be constructed within the front yard requirement for either street.
(a)Â
Artificial lights used or maintained in connection with a private
swimming pool shall be so located that the direct source of light
is not visible from an adjacent property. Lighting intensity shall
not exceed 0.25 footcandle at the property line.
(b)Â
No private swimming pool shall be used other than as an accessory
use.
6.Â
There shall be no more than two accessory structures placed on any
lot.
c.Â
Required conditions. The following requirements for principal uses
and structures must be complied with in the R-1 residence district:
1.Â
Height. No building shall exceed a maximum of 2Â 1/2 stories
or 35 feet in height, whichever is the lesser.
2.Â
Front yard. There shall be a front yard of not less than 50 feet.
3.Â
Side yard. Except for corner lots, there shall be two side yards
and no side yard shall be less than 25 feet provided that the aggregate
width of the two side yards combined must equal 60 feet.
4.Â
Rear yard. There shall be a rear yard of at least 75 feet.
5.Â
Minimum lot area. Each lot shall have a minimum lot area of 40,000
square feet.
6.Â
Maximum impervious lot coverage shall be 25%.
7.Â
Minimum lot width: 180 feet.
[Ord. No. 04-12 § 21-10.8]
a.Â
Primary intended use. This zone district is designed for single-family
residential use.
1.Â
Public parks and public playgrounds.
b.Â
Accessory uses.
1.Â
Permitted accessory uses customarily incident to the above uses provided
they do not include any activity commonly conducted for gain unless
specifically permitted in this chapter.
5.Â
Private swimming pools provided, however, the edge of the waterline
of the pool shall not be closer than 10 feet to any side or rear lot
line and on corner lots no part of any private swimming pool shall
be constructed within the front yard requirement for either street.
(a)Â
Artificial lights used or maintained in connection with a private
swimming pool shall be so located that the direct source of light
is not visible from an adjacent property. Lighting intensity shall
not exceed 0.25 footcandle at the property line.
(b)Â
No private swimming pool shall be used other than as an accessory
use.
6.Â
There shall be no more than two accessory structures on a lot.
c.Â
Required conditions. The following requirements for principal uses
and structures must be complied with in the R-2 residence district:
1.Â
Height. No building shall exceed a maximum of 2Â 1/2 stories
or 35 feet in height, whichever is the lesser.
2.Â
Front yard. There shall be a front yard of not less than 50 feet.
3.Â
Side yard. Except for corner lots, there shall be two side yards
and no side yard shall be less than 12 feet provided that the aggregate
width of the two side yards combined must equal 30 feet.
4.Â
Rear yard. There shall be a rear yard of at least 50 feet.
5.Â
Minimum lot area. Each lot shall have a minimum lot area of 10,000
square feet.
[Amended 12-18-2018 by Ord. No. 2018-32]
6.Â
Maximum impervious lot coverage shall be 40%.
7.Â
Minimum lot width: 75 feet.
[Amended 12-18-2018 by Ord. No. 2018-32]
[Ord. No. 04-12 § 21-10.9]
a.Â
Primary intended use. This zone district is designed for single-family
residential use but permits:
1.Â
Public parks and public playgrounds.
b.Â
Accessory uses.
1.Â
Permitted accessory uses customarily incident to the above uses provided
they do not include any activity commonly conducted for gain unless
specifically permitted in this chapter.
5.Â
Private swimming pools provided, however, the edge of the waterline
of the pool shall not be closer than 10 feet to any side or rear lot
line and on corner lots no part of any private swimming pool shall
be constructed within the front yard requirement for either street.
(a)Â
Artificial lights used or maintained in connection with a private
swimming pool shall be so located that the direct source of light
is not visible from an adjacent property. Lighting intensity shall
not exceed 0.25 footcandle at the property line.
(b)Â
No private swimming pool shall be used other than as an accessory
use.
6.Â
There shall be no more than one accessory structure on a lot.
c.Â
Required conditions. The following requirements for principal uses
and structures must be complied with in the R-3 residence district:
1.Â
Height. No building shall exceed a maximum of 2Â 1/2 stories
or 35 feet in height, whichever is the lesser.
2.Â
Front yard. There shall be a front yard of not less than 30 feet,
except that where the existing buildings on the same side of the street
and within 500 feet from an established setback, new buildings shall
conform to such established setback line, provided, however, that
no new building may be closer than 20 feet to the front property line
nor need to be set back more than 40 feet from the property line.
3.Â
Side yard. Except for corner lots, there shall be two side yards
and no side yard shall be less than six feet provided that the aggregate
width of the two side yards combined must equal 20 feet.
4.Â
Rear yard. There shall be a rear yard of at least 25 feet.
5.Â
Minimum lot area. Each lot shall have a minimum lot area of 6,000
square feet.
6.Â
Maximum impervious lot coverage shall be 50%.
7.Â
Minimum lot width: 50 feet.
[Amended 12-18-2018 by Ord. No. 2018-32]
[Ord. No. 04-12 § 21-10.10]
a.Â
Primary intended use. This zone district is designed for one- and
two-family residential dwellings, where "two-family dwellings" are
defined as two single-family dwellings, on separate lots, but attached
vertically by a party wall. The district also permits:
[Amended 12-18-2018 by Ord. No. 2018-32]
1.Â
Public parks and public playgrounds.
b.Â
Accessory uses.
1.Â
Permitted accessory uses customarily incident to the above uses provided
they do not include any activity commonly conducted for gain unless
specifically permitted in this chapter.
5.Â
Private swimming pools provided, however, the edge of the waterline
of the pool shall not be closer than 10 feet to any side or rear lot
line and on corner lots no part of any private swimming pool shall
be constructed within the front yard requirement for either street.
(a)Â
Artificial lights used or maintained in connection with a private
swimming pool shall be so located that the direct source of light
is not visible from an adjacent property. Lighting intensity shall
not exceed 0.25 footcandle at the property line.
(b)Â
No private swimming pool shall be used other than as an accessory
use.
6.Â
There shall be no more than one accessory structure on a lot.
c.Â
Required conditions. The following requirements for principal uses
and structures must be complied with in the R-4 residence district:
1.Â
Height. No building shall exceed a maximum of 2Â 1/2 stories
or 35 feet in height, whichever is the lesser.
2.Â
Front yard. There shall be a front yard of not less than 30 feet,
except that where the existing buildings on the same side of the street
and within 500 feet from an established setback, new buildings shall
conform to such established setback line, provided, however, that
no new building may be closer than 20 feet to the front property line
nor need to be set back more than 40 feet from the property line.
3.Â
Side yard. Except for corner lots, there shall be two side yards
and no side yard shall be less than six feet provided that the aggregate
width of the two side yards combined must be a minimum of 15 feet.
4.Â
Rear yard. There shall be a rear yard of at least 25 feet.
5.Â
Minimum lot width: 50 feet for detached single-family dwellings;
25 feet for attached two-family dwellings.
[Amended 12-18-2018 by Ord. No. 2018-32]
6.Â
Minimum lot area: 5,000 square feet for detached single-family dwellings;
2,500 square feet for attached two-family dwellings.
[Amended 12-18-2018 by Ord. No. 2018-32]
7.Â
Maximum lot coverage shall not exceed 60% of the total lot area.
8.Â
Minimum floor area. Every dwelling unit shall have a minimum floor
area of 800 square feet per unit.
9.Â
Parking. There shall be two parking spaces for each unit.
[1]
Editor's Note: Former Sec. 21-10.11, Neighborhood Business/Residential
(NB/R), as amended by Ord. No. 04-12, Ord. No. 2008-05, Ord. No. 2012-17; 3-22-2022 by Ord. No. 2022-01,6-28-2022 by Ord. No. 2022-17, was repealed 6-27-2023 by Ord. No. 2023-028. The former district is incorporated into the Business/Residential
(B/R) District. The Business/Residential (B/R) District regulations,
as supplemented and modified by the Amended Redevelopment Plan for
Area 2, shall apply.
[Ord. No. 04-12 § 21-10.12]
a.Â
Primary intended use. This zone district is designed for one-, two-,
three- and four-family residential structures and apartment building
but also permits:
b.Â
Accessory uses.
1.Â
Permitted accessory uses customarily incident to the above uses provided
they do not include any activity commonly conducted for gain unless
specifically permitted in this chapter.
5.Â
Private swimming pools provided, however, the edge of the waterline
of the pool shall not be closer than 10 feet to any side or rear lot
line and on corner lots no part of any private swimming pool shall
be constructed within the front yard requirement for either street.
(a)Â
Artificial lights use or maintained in connection with a private
swimming pool shall be so located that the direct source of light
is not visible from an adjacent property. Lighting intensity shall
not exceed 0.25 footcandle at the property line.
(b)Â
No private swimming pool shall be used other than as an accessory
use.
c.Â
Required conditions.
1.Â
No building shall exceed a maximum of 2Â 1/2 stories.
2.Â
Front yard setback. Every structure shall be designed so that no
structure containing a dwelling unit shall be closer than 30 feet
to any abutting street line.
3.Â
Off-street parking. Off-street parking shall be required to meet a ratio of two parking spaces for each dwelling unit for other than senior citizen housing, and five spaces for every 10 dwelling units for senior citizen housing. All parking areas shall meet the provisions of § 21-9. Said parking is permitted in the side and rear yards. Only service or delivery parking is permitted in the front yard area. All parking shall be approved by the Planning Board as part of a required site plan.
4.Â
Density. Every development shall have at least 2,500 square feet
of lot area per dwelling unit.
5.Â
Distance between buildings. No building shall be erected closer than
30 feet to another building.
6.Â
Rooms. In structures containing five or more dwelling units, no unit
shall contain more than two bedrooms. Further, no more than 50% of
all units shall be two-bedroom and no single unit shall occupy more
than 50% of the area of the structure. For the purpose of administering
this section, a bedroom shall be construed as any room other than
a kitchen, living room or bathroom.
7.Â
Minimum lot size. Minimum lot size is 5,000 square feet.
8.Â
Basement apartments. No dwelling unit shall be permitted in any basement.
9.Â
Landscaping. All open spaces in any development shall be adequately maintained in good condition. All parking and service areas shall be so screened that adjacent residential areas are shielded from parking or service areas, and all ingress and egress driveways to and from parking and service areas shall only be located within the R-6 zoning district. See Subsection 21-9.15d for additional requirements.
10.Â
Minimum floor area. Every dwelling unit shall meet the following
minimum floor area requirements:
|
Type of Unit
|
Minimum Floor Area
|
|---|---|
|
Efficiency units
|
560 square feet
|
|
One- bedroom units
|
700 square feet
|
|
Two- bedroom units
|
900 square feet
|
11.Â
Maximum lot coverage shall be 65%.
12.Â
Minimum lot width: none required.
[Ord. No. 04-12 § 2-10.13]
a.Â
Primary intended use. The O-B District is designed for offices for
business, executive or administrative purposes as well as offices
for physicians, dentists, architects, engineers, attorneys, accountants
and like professional uses. This zone also permits one-family structures.
1.Â
All public buildings owned or leased by any unit of the government or public utility, but the procedure set forth in Subsection 21-10.2q must be followed.
2.Â
Public parks and public playgrounds.
3.Â
One-family structures.
4.Â
Funeral homes.
5.Â
Buildings may contain only one dwelling unit located on the upper
floors where the ground floor is used for a nonresidential use as
permitted in this subsection. The lot containing such a permitted
mixed-use shall be no less than 11,250 square feet in area.
b.Â
Accessory uses.
1.Â
Permitted accessory uses customarily incidental to the above uses
provided they do not include any activity commonly conducted for gain
unless specifically permitted in this chapter.
c.Â
Required conditions.
1.Â
Single-family. Single-family dwelling units shall meet the following
requirements:
|
Minimum lot area: 11,250 square feet
|
|
Lot width: 75 feet
|
|
Front yard: 30 feet
|
|
Side yard: 10 feet minimum, 20 feet total
|
|
Rear yard: 50 feet
|
|
Impervious coverage: 50%
|
|
Building height: 45 feet maximum, 3 stories
|
2.Â
Office buildings and funeral homes. All buildings shall meet the
following conditions:
(a)Â
Height. No building shall exceed a maximum of three stories
or 45 feet, whichever is less.
(b)Â
Front yard. There shall be a front yard of at least 30 feet.
(c)Â
Side yard. There shall be two side yards neither of which shall
be less than 10 feet.
(d)Â
Rear yard. There shall be a rear yard of at least 50 feet.
(e)Â
Minimum lot area. Each lot shall have a minimum lot area of
11,250 square feet.
(f)Â
Parking in conformance with § 21-9. Parking is not permitted in the front yard area. Parking must be a minimum of 10 feet from any property line.
(g)Â
Landscaping shall be provided between any parking or refuse
area and the abutting property line.
(h)Â
Minimum lot width shall be 75 feet.
3.Â
Maximum lot coverage shall be 65%.
[Ord. No. 04-12 § 2-10.14; Ord. No. 07-03; Ord. No.
2008-05; amended 12-30-2019 by Ord. No. 2019-50]
a.Â
Intent.
1.Â
The intent of the MU-2 District is to encourage a more efficient
and pedestrian- and transit-oriented land use pattern; to increase
the Borough's ratable base and bring in new uses and new residents;
and to enhance the Union Avenue and Vosseler Avenue streetscapes.
The Union Avenue corridor was historically a broad thoroughfare, lined
with stately buildings, both residential and commercial. Over time,
and under pressure from single-use, auto-oriented zoning, it has assumed
a more pronounced auto orientation, with parking in the front yard,
buildings set back further from the street, drive-through facilities
and other features of a 20th century commercial strip. The MU-2 zoning
provisions seek to reverse this trend and codify the vision outlined
in the 2017 Master Plan Reexamination Report, adopted by the Planning
Board on June 8, 2017, consistent with widely accepted contemporary
planning principles and best practices, as well as with the State
of New Jersey's smart growth planning policies, as expressed in the
2001 State Development and Redevelopment Plan, and with the Somerset
County smart growth planning policies, as expressed in the 2017 Supporting
Priority Investment in Somerset County document.
2.Â
Specifically, the MU-2 Mixed Use Two Zoning District is intended
to:
(a)Â
Allow a wide mix of uses, both at the ground floor and on upper
floors, including but not limited to retail, professional and personal
services, office, and residential. The first 25 feet of the ground
floor of residential buildings facing Union Avenue, exclusive of lobbies
and mail rooms, must be dedicated to one of the permitted nonresidential
uses. Mechanical and other utility rooms may not be located in the
front of the building. Ground floor residential is not permitted.
Parking may occupy the rest of the building footprint.
[Amended 9-27-2022 by Ord. No. 2022-35]
(b)Â
Promote safe and convenient pedestrian and bicycle circulation,
as well as access to public transportation.
(c)Â
Promote the continuous greening of this corridor, with street
trees, plantings, rain gardens and other vegetative treatments that
soften the streetscape, constitute pedestrian and visual amenities,
and provide stormwater management benefits.
(d)Â
Promote the retrofitting, over time, of existing single-story
suburban-style building types and site layouts with more appropriate
building types, and pedestrian-friendly site layouts.
(e)Â
Protect the privacy of the residential neighbors in the rear
portion of these blocks, while offering a wider variety of goods and
services within a short walking distance from their homes.
b.Â
Permitted principal uses.
1.Â
The following principal uses are permitted, either individually or
combined:
(a)Â
Residential. The first 25 feet of the ground floor of residential
buildings facing Union Avenue, exclusive of lobbies and mail rooms,
must be dedicated to one of the permitted nonresidential uses. Mechanical
and other utility rooms may not be located in the front of the building.
Ground floor residential is not permitted. Parking may occupy the
rest of the building footprint.
[Amended 9-27-2022 by Ord. No. 2022-35]
(b)Â
Live-work.
(c)Â
Retail, including grocery stores.
(d)Â
Office, including medical and shared office suites.
(e)Â
Personal, professional and business services.
(f)Â
Art galleries, artist studios and art-related enterprises.
(g)Â
Hotel and hospitality, including extended-stay facilities, inns,
bed-and-breakfasts, and conference centers.
(h)Â
Civic and governmental uses.
(i)Â
Educational uses.
(j)Â
Houses of worship.
(k)Â
Recreational, health and fitness uses.
(l)Â
Movie theaters, live performance theaters and performing arts
facilities.
2.Â
Uses customarily incidental with the principal permitted uses listed
above are also permitted. Outdoor cafes are permitted, subject to
Section 21-10.15d2. Drive-though uses and facilities of any type are
prohibited. Temporary outdoor display of merchandise is authorized,
subject to Section 21-10.15d3. Solar arrays, wind turbines and other
renewable energy facilities are permitted (rooftops only). Mobile
uses, such as food trucks, mobile retail and similar uses, and temporary
uses, such as farmers markets, flea markets, book fairs and art fairs,
are permitted, subject to a temporary use permit from the Borough.
Community gardens, including beekeeping, are also permitted, either
at grade or rooftop.
c.Â
Permitted building types. The following building types are permitted:
1.Â
Single-use and mixed-use buildings.
2.Â
Apartment buildings. The first 25 feet of the ground floor of residential
buildings facing Union Avenue, exclusive of lobbies and mail rooms,
must be dedicated to one of the permitted nonresidential uses. Mechanical
and other utility rooms may not be located in the front of the building.
Ground floor residential is not permitted. Parking may occupy the
rest of the building footprint.
[Amended 9-27-2022 by Ord. No. 2022-35]
3.Â
Townhouses, including live-work units.
4.Â
Office buildings.
5.Â
Retail buildings.
6.Â
Civic, governmental and educational buildings.
7.Â
Houses of worship.
8.Â
Health clubs, indoor sports and other recreational facilities.
9.Â
Theaters and performing arts centers.
10.Â
Kiosks and open-air pavilions.
d.Â
Bulk standards.
|
Building Type
|
Minimum
|
Maximum
| |
|---|---|---|---|
|
Height (in stories)
|
All building types
|
1
|
3
|
|
Height (in feet)
|
All building types
|
20
|
45
|
|
Building Setback
|
Front
|
15 feet from curbline (1)
|
20 feet from curbline (1)
|
|
Rear
|
20 feet from lot line (2)
|
NA
| |
|
Side
|
10 feet from lot line (3)
|
NA
| |
|
Lot Coverage (4)
|
All building types and permitted structures
|
NA
|
85%
|
|
NOTES:
| |
|
(1)
|
Front building setback for lots facing Union Avenue may be adjusted
up or down to match setback of adjacent buildings. For corner lots,
the minimum front yard building setback is 10 feet for the side street.
|
|
(2)
|
Lots abutting neighboring single-family structures shall provide
an effective vegetative screen or other effective transition device.
Corner lots are deemed to have two front yards and two side yards.
|
|
(3)
|
In the case of attached buildings, no side yard setback is required.
Where side yard setbacks exist, they must receive an appropriate hardscaping
and landscaping treatment such that they become functional and attractive
pedestrian spaces that constitutes an asset to the project and do
not read like leftover space.
|
|
(4)
|
Lot coverage may be increased to 90%, at the discretion of the
Planning Board, if the project incorporates nonstructural stormwater
management devices, such as porous pavements, bioswales, rain gardens
and other similar techniques, as well as a green roof on the principal
building.
|
1.Â
All new buildings and structures must be sensitive to surrounding
land uses and structures, where such exist, and must not encroach
on appropriate standards of light and air affecting other properties.
e.Â
Parking.
[Amended 6-14-2022 by Ord. No. 2022-12; 7-12-2022 by Ord. No. 2022-22]
|
Use
|
Minimum Number of Spaces - Vehicular
|
Minimum Number of Spaces - Bicycles
|
|---|---|---|
|
Apartment/condominium
|
In accordance with N.J.A.C. 5:21. Residential Site Improvement
Standards, Subchapter 4.14, Parking: number of spaces.
|
1 per apartment
|
|
Townhouse
|
In accordance with N.J.A.C. 5:21, Residential Site Improvement
Standards, Subchapter 4.14, Parking: number of spaces.
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1 per unit
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Office and retail
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3 per 1,000 square feet
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1 per 1,000 square feet
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Office (medical)
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4 per 1,000 square feet
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1 per 1,000 square feet
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Services
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3 per 1,000 square feet
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1 per 1,000 square feet
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Hospitality
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1.5 per room
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1 per employee
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Civic/governmental
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3 per 1,000 square feet
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1 per 1,000 square feet
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Sports/recreational
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1 per 2 seats or exercise station
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1 per 3 seats
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Houses of worship
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1 per 2 seats
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1 per 2 seats
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Theaters, PACs
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1 per 2 seats
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NA
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1.Â
Minimum dimensions for vehicular parking spaces are as found in Table
13 (page 57) of the Redevelopment Plan for Sub-Area 1.5.
f.Â
Design standards.
1.Â
The intent is to shape inviting public and semipublic spaces, enhance
the second "Main Street" experience of West Union Avenue, create architecturally
interesting and pedestrian-friendly streetscapes, eliminate or attenuate
the more pronounced autocentric features that currently exist, create
active and safe public spaces, and promote a seamless transition between
the adjacent residential blocks and this mixed-use corridor. These
design standards seek to create a walkable, pedestrian-, bicycle-
and transit-friendly environment with high quality and interesting
building design and public, semipublic and private open spaces that
enhance and complement the surrounding neighborhood.
2.Â
The intent of the building design standards is to ensure well-designed,
high-quality buildings that, whether conforming to traditional design
models or exhibiting iconic features and contemporary design expressions,
nevertheless fit well into the surrounding context of buildings and
open spaces and contribute to an interesting and varied streetscape.
3.Â
The intent of the open space and landscape design standards is to
shape inviting public and semipublic spaces, create active and safe
streets, sidewalks and public spaces, and promote landscape restoration
and habitat creation, where appropriate.
(a)Â
Green building certification. New building construction shall
seek to approximate LEED Gold standards or equivalent. Actual commissioning
and certification are not required. The applicant shall explain whether
the project satisfies the requirements for certification, and if not,
where it falls short and for what reasons.
(b)Â
Building facade modulation. In buildings over two stories in
height, building facades longer than 40 linear feet must be vertically
divided into bays that reflect the building's vertical structure.
The vertical separation into bays does not require a building facade
offset and can be accomplished through the use of pilasters, change
of surface building material, change in color, vertical planting treatment
(espaliers) or other vertical design expressions. Vertical separations
(as defined above) greater than 40 linear feet may be acceptable if
the applicant can convincingly demonstrate that this expanded rhythm
is structurally based and that there are strong design considerations
to justify it.
(c)Â
Cornices. Cornices are required to emphasize a building elevation's
horizontal expression. At each step-back in the building's elevation
a decorative cornice is required. Decorative cornices may be combined
with building parapets. Cornices may be dispensed with if the applicant
can convincingly demonstrate to the Land Use Board that this horizontal
design element is not integral to the building facade design and is
therefore not necessary and that there are strong design considerations
to justify eliminating it.
(d)Â
Glazing. The percentage of void areas (windows and other openings)
in a primary building facade shall be no less than 40% at ground floor
level in mixed-use buildings and no less that 30% in residential buildings.
All buildings must have no less than 30% in upper levels. Lower percentages
of glazing are permitted if the applicant can convincingly demonstrate
that the reduced percentage of building facade dedicated to glazing
is appropriate to the building type and design intention, that the
overall effect is not visually overwhelming and that there are strong
design or other considerations to justify it.
(e)Â
Blank walls. Blank walls (walls without openings or glazing)
that extend for 50-plus linear feet are not permitted. Exceptions
are permitted for green walls (with live vegetation), walls with permanent
or temporary decorative wall art (mosaics, frescos, other two- or
three-dimensional artistic expressions and retail displays), decorative
patterns or large format panels displaying graphics.
(f)Â
Building attachments. Awnings, building overhangs, canopies,
projected windows, French balconies, wall-mounted signs and roof overhangs
may encroach up to a maximum of two feet on the minimum front yard
setback as well as the public right-of-way.
(g)Â
Elevations. All building elevations visible from the public
realm shall receive a unified treatment. This does not mean that all
elevations must be clad in the same material, but it does mean that
if different materials are used on different elevations, they must
be of equivalent quality. It is not permissible to use quality cladding
on the front (or primary) elevation and cladding of a lesser quality
on the others.
(h)Â
Elevations - parking structures. The elevations of a parking
structure facing a public street, public space or public right-of-way
shall be attractive. Brutalist, prefabricated, concrete structures
with continuous openings are not permitted. Openings in the facade
for ventilation shall be covered with decorative metal grilles, metal
screens, high-quality architectural fabric or other decorative treatments.
Climbing vegetation or other similar treatments are encouraged to
soften parking structure facades.
(i)Â
Green roofs and white roofs. Green roofs are encouraged. They
shall be easily accessible to the building's tenants and users and
shall be designed as an amenity. In residential buildings, green roofs
may function as community gardens, unless an appropriate amount of
land is allocated for this purpose elsewhere on site. If a green roof
is not considered appropriate, a white roof will be used instead.
(j)Â
Building entrances. Primary and secondary building entrances
shall be easily identifiable with prominent architectural features
and shall not occur simply as voids between buildings or undistinguished
openings in the building facade.
(k)Â
Rooftop appurtenances. HVAC, elevator shafts and other mechanical
rooftop appurtenances shall either be designed to complement the building's
architecture or shielded from view from the street and surrounding
buildings. If screening is used, it shall be consistent with the architectural
design and materials of the building or achieved through appropriate
landscape treatments.
(l)Â
Utility boxes. Ground-mounted electrical, signalization or other
utility boxes are not permitted in prominent locations in the front
yard area unless they are incorporated into the design of the building
and/or its landscaping plan. All ground-mounted utility boxes shall
be thoroughly screened from view wherever they are located. Alternatively,
they may be treated as an arts display and graphically decorated,
subject to Arts Council oversight.
(m)Â
Street trees. Shade tree plantings shall comply with the Borough's
landscaping standards. Ideally, shade trees should be a minimum of
three inches in caliper and 10 feet high at the time of planting,
and planted no more than 30 feet on center along the front of any
building, next to the curb. This standard shall be adjusted as needed
to reflect conditions where existing utility poles and overhead wires
occupy the sidewalk area next to the curb. Street trees shall be planted
in appropriately sized tree wells, with appropriate watering and feeding
techniques. The area around the tree can be planted with groundcover,
covered with a decorative metal grate, or paved with granite blocks,
provided the tree roots receive adequate moisture. Street tree species
and minimum sizes shall be recommended by a certified landscape architect
or local arborist and conform to Section 24-9.15d of the Borough's
Land Use Regulations. All street trees and landscaping shall have
a two-year maintenance guarantee.
(n)Â
Ground cover. Nonpaved ground areas shall be landscaped with hardy grass species, shade trees, flowering trees, evergreen and deciduous shrubs, perennials and bulbs. Only plant materials with proven resistance to the urban environment and to local soil and weather conditions shall be utilized. Suitable plant lists are found in Section 21-9.15 of the Borough's Land Use Regulations, and are also available through the New Jersey Division of Parks and Forestry - Community Forestry Council and the New Jersey Nursery and Landscape Association.
(o)Â
Foundation plantings. Where feasible, the areas along the base
of the building wall, not including the entrances, shall be planted
with appropriate foundation plantings, shrubs and ground cover. Vegetation
in large planters may also be acceptable in certain circumstances.
(p)Â
Streetlights. The PSEG "Bound Brook" post and lighting fixtures,
or another post and lighting fixture considered acceptable by the
Planning Board, shall be used along all public street frontages. Sconces
and other wall-mounted lights on building walls may be placed to reinforce
streetlights or, as an alternative to streetlights, if it can be demonstrated
that the overall lighting environment will be equivalent to what would
be achieved through streetlights. Contemporary lighting fixtures are
encouraged for illumination of open areas within each site. Building-mounted
lights are also admissible. All pedestrian, bicycle and vehicular
circulation areas, as well as public and semipublic spaces, shall
be appropriately lighted. Site lighting shall be shielded to minimize
night sky and prevent direct glare into adjacent residential windows.
(q)Â
Sidewalks. Sidewalks shall be provided along all streets to
facilitate pedestrian circulation. Sidewalks in the public right-of-way
shall have a minimum, unobstructed width of six feet, measured in
from the curb, unless the applicant or the Land Use Board determines
that they should be wider, based on projections of anticipated pedestrian
and bicycle traffic. Other sidewalks and/or walkways shall be provided
as needed to connect pedestrian origins and destinations internal
to the site and shall have a minimum, unobstructed width of four feet,
depending upon anticipated pedestrian volumes. The sidewalk system
shall be designed to provide access to public and private open space
and other destinations and ensure uninterrupted connectivity with
pedestrian and bicycle trails.
(r)Â
Paths. Paths may be used as an alternative to sidewalks in the
interior of sites for connections where lower intensities of pedestrian
and bicycle traffic are anticipated. Paths may be built of gravel,
macadam or pervious pavers and shall have a minimum, unobstructed
width of four feet.
(s)Â
Pervious pavement. The use of pervious pavers and other forms
of low-maintenance pervious pavement is encouraged in surface parking
lots and in paved public and semipublic spaces.
(t)Â
Public realm obstructions. Trash receptacles, mailboxes, bicycle
parking, vending racks, newspaper boxes and other obstructions to
the public realm shall be placed in locations where they are least
intrusive, most convenient to their users and least disruptive to
pedestrian circulation. Benches shall be placed at the edge of the
sidewalk. Planter boxes are permitted in the public right-of-way along
the base of buildings.
4.Â
Exceptions. The Borough Planner and/or the Land Use Board may grant
exceptions to the standards defined in this section whenever an applicant
provides compelling evidence of special circumstances or presents
a better solution, consistent with the intent of the Master Plan Reexamination
Report and Land Use Element of the Master Plan.
[Amended 9-27-2022 by Ord. No. 2022-35]
g.Â
Signage. Signs shall conform to the standards contained in Section 21-10.5 or Section 21-10.15I, along with the following provisions:
1.Â
Projecting signs, affixed to the building facade at a ninety-degree
angle, and no larger than three feet wide (horizontal dimension) by
eight feet long (vertical dimension), are permitted. These signs can
be banner signs, printed on fabric and permanently or temporarily
hung in place, or signs printed against a rigid metal, wood or acrylic
background. Innovative, sculptural and three-dimensional signs are
encouraged, provided they complement the building's design expression.
2.Â
Wall-mounted signs. Permanent wall-mounted signs, mounted no more
than six inches from the wall surface, are permitted, not to exceed
two feet in height (vertical dimension) by six feet in width (horizontal
dimension). Temporary wall-mounted signs of the same dimensions are
permitted for a period not to exceed one year for residential and
commercial uses. Civic uses may exhibit these signs on a permanent
basis.
3.Â
Graphic signs. Wall-mounted graphic signs, consisting of letters,
numbers or symbols, are permitted. One graphic sign is permitted for
every 150 linear feet of building facade. Graphic signs shall be proportional
to the height and dimensions of the building, and shall fit within
a six-foot by four-foot rectangle.
4.Â
Object signs. Object signs, whether projecting or wall-mounted, are
permitted, subject to the same dimensional limits.
5.Â
Blank wall wraps. Unadorned blank walls may be temporarily or permanently
wrapped in architectural fabric displaying artwork or commercial signage,
subject to Land Use Board review and approval.
6.Â
Construction signs. The entire facade of existing buildings undergoing
gut rehabilitation, or of new buildings under construction, can be
covered with a temporary sign of printed fabric, including signs that
advertise products or services, subject to Land Use Board review and
approval. These temporary construction signs shall be removed once
the building has been issued a certificate of occupancy.
7.Â
Branding signs. Large-format facade-mounted signs that are part of
a branding campaign for new buildings under construction or undergoing
gut rehabilitation are permitted, subject to Land Use Board review
and approval. These temporary branding signs shall be removed no later
than one year after the building has been issued a certificate of
occupancy.
[Ord. No. 04-12 § 21-10.15; Ord. No. 10-19 § 2; Ord. No. 2012-17; Ord. No. 2014-06]
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Preamble.
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This Ordinance hereby affirms the introduction of the Ordinance amending and supplementing Subsection 21-10.15 B/R Business/Residential District of Chapter 21, Land Use of the Revised General Ordinance of the Borough of Bound Brook on May 13, 2014 and referral of said Ordinance to the Borough of Bound Brook Planning Board pursuant to the requirements of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
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Subsection 21-10.15 B/R Business/Residential District of Chapter 21, Land Use of the Revised General Ordinance of the Borough of Bound Brook is hereby replaced in its entirety by the attached document dated April 9, 2014 Draft, entitled "A Business/Residential (B/R) Zoning Ordinance, prepared by Group Melvin Design and revised by Carlos Rodrigues, AICP/PP, attached hereto and made part of this Ordinance.
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The proposed B/R Business/Residential District zoning requirements
use a set of universal standards (General Development, Signs, Parking,
and Site Plan Review) that apply to all lots in the B/R District.
In addition, the B/R District requirements place specific controls
on properties based on their location. These additional standards
are referred to as Place Character Standards. The Signs and Parking
requirements have been developed specifically for the B/R District.
These new standards have been developed to promote a more vibrant,
walkable, mixed-use, sustainable environment in the Historic Downtown
of Bound Brook. The standards address the unique circumstances of
Bound Brook's Historic Downtown as it relates to character, adjacent
activities, parking behavior, traffic, business vitality, access to
transit service, environmental features, and overall intensity and
density of development.
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Subsection 21-10.15 B/R Business/Residential District of Chapter 21, Land Use of the Revised General Ordinance of the Borough of Bound Brook as amended herein shall supersede the requirements of the Redevelopment Plan adopted on February 17, 2000 for the portions of Redevelopment Overlay District, identified in Subsection 21-10.16.
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Introduction.
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The following text and accompanying graphics is intended to completely replace Subsection 21-10.15 Business Residential (B/R) Zone of the Bound Brook Zoning Code.
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The amended B/R Zone uses a set of universal standards (General
Development, Signs, Parking, and Site Plan Review) that apply to all
lots in the B/R Zone. In addition, the B/R Zone places specific controls
on properties based on their location. These additional standards
are referred to as Place Character Standards.
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The Signs and Parking sections have been developed specifically
for the B/R Zone.
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These new standards have been developed to promote a more vibrant,
walkable, mixed-use, sustainable environment in the Historic Downtown
of Bound Brook. They address the unique circumstances of Bound Brook's
Historic Downtown as it relates to character, adjacent activities,
parking behavior, traffic, business vitality, access to transit service,
environmental features, and overall intensity and density of development.
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a.Â
Place character and general development standards.
1.Â
The B/R Zone uses a set of universal standards (General Development,
Signs, Parking, and Site Plan Review) which apply to all lots in the
B/R Zone. In addition the B/R Zone places specific controls on properties
based on their location. These additional standards are referred to
as Place Character Standards.
3.Â
Additional standards have been developed to further control the unique place character of three specific sub-areas within the B/R Zone. The boundaries of the three Place Character Districts are shown in Subsection 21-10.15 - Figure 1. (Figure 1 may be found at the end of this subsection.) The three districts are:
(a)Â
"Main Street District" Place Character Standards, paragraph
e.
(b)Â
"Arts District" Place Character Standards, paragraph f.
(c)Â
"Downtown Residential District" Place Character Standards, paragraph
g.
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Figure 1 — Place Character Districts in B/R Zone
Â
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Editor's Note: Please note that there are changes to the B/R
Zone boundary. Specifically, the boundary near East Street was amended
to include an area that the Downtown Urban Design Plan identifies
as a future growth location. To the west, the boundary was expanded
to include the "Talmage Commons Project" illustrated in the Downtown
Urban Design Plan. Additionally, a small change was made on Church
Street to include a multifamily structure which seems more in character
with the B/R Zone.
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b.Â
Intent.
The intent of the B/R District is to codify the vision outlined
in the 2010 Downtown Urban Design Plan, which has been adopted as
an element of the Borough's Master Plan. The Urban Design Plan is
consistent with widely accepted planning best practices, as well as
with the State of New Jersey's smart growth planning policies, as
expressed in the 2001 New Jersey State Development and Redevelopment
Plan, and in the New Jersey Department of Transportation's designation
of Downtown Bound Brook as a Transit Village.
Downtown Bound Brook is envisioned as a regional destination
with a growing residential population. There are a variety of rail,
driving, walking and biking options. Redevelopment is envisioned to
occur in mixed-use buildings that help reinforce the downtown as a
walkable neighborhood.
The intent of this district is to encourage creative design
and development that promotes economic revitalization and is consistent
with the existing character of the Downtown. The following is a list
of key land use principles that guided the development of the use,
bulk, and design standards for this district. Each one is critical
for creating the place envisioned in the Downtown Urban Design Plan.
1.Â
Ample sidewalks encourage pedestrian circulation and public interaction
and provide space for active outdoor uses by businesses (cafes, displays,
etc) and the public. These conditions are pre-requisites to creating
the active streets and vibrant public spaces envisioned in the Downtown
Urban Design Plan.
2.Â
High-quality pedestrian access to downtown amenities, services and
transit is required to achieve the vision of the Downtown Urban Design
Plan.
3.Â
Maintaining a street wall along Main Street, Talmage Avenue, and
Columbus Place, and expanding it into new "gap" areas is crucial to
a well-defined Downtown District. A continuous or near continuous
sequence of facades will:
4.Â
Active ground floor uses, such as retail and services, will promote
economic development, improve the pedestrian experience, and encourage
further residential growth downtown.
5.Â
Meeting economic development goals requires a mix of new development,
renovation and reuse of existing structures, and the preservation
of historically significant buildings.
6.Â
Economic development goals are best achieved by harmonizing the design
of new construction with that of existing buildings. This harmony
is accomplished through the control of design features, such as key
facade elements, and will ensure that new development meets market
demands while also reinforcing the existing place character of the
Downtown. The result will be a Downtown with a stronger identity and
new construction with greater marketplace value.
7.Â
The Downtown Urban Design Plan calls for additional residential growth
in mixed-use buildings, primarily occurring on vacant or underutilized
sites. To encourage this growth it is appropriate that new construction
reach five-stories in certain locations.
10.Â
The Downtown Urban Design Plan has an overarching parking strategy
focused on encouraging shared-use parking agreements among private
property owners and between the Borough and private property owners
to create a strategically located downtown parking supply. Meeting
these goals requires efficient parking standards and a range of options
for fulfilling parking requirements.
c.Â
Site plan review.
1.Â
The Administrative Officer will waive the requirement for site plan
approval when a proposed development:
2.Â
When an application involves solely non-structural changes to the
exterior of a structure ("facade improvements") applications shall
be referred to the Planning Board's Architectural Review Subcommittee,
if such subcommittee has been established. If an Architectural Review
Subcommittee has not been established, the application shall be referred
to the Borough Planner.
(a)Â
If the Architectural Review Subcommittee/Borough Planner determines
that an application substantially meets the Facade Regulations to
the best of their ability, or the applicant has agreed to alter the
design to their satisfaction, the application shall be referred to
the Planning Board for "Facade Improvement - Substantially Conforming"
review.
(b)Â
If the Architecture Review Subcommittee/Borough Planner determines
that an application does not substantially meet the Facade Regulations,
the application shall be referred to the Planning Board for "Facade
Improvement - Not Substantially Conforming" review.
(c)Â
The determination by the Architecture Review Subcommittee/Borough
Planner that an application does or does not substantially meets the
Facade Regulations shall not be considered a finding of fact.
d.Â
General development standards for the B/R District.
1.Â
Applicability.
(a)Â
All construction in the B/R District must comply with the regulations
in paragraph d.
2.Â
Sidewalk Cafes.
(a)Â
Applicability.
(1)Â
Temporary Sidewalk Cafes are conditionally permitted
as an extension of food and drink establishments with a ground floor
principal entrance on Main Street, Columbus Place, Talmage Avenue,
Maiden Lane or Hamilton Street. The Administrative Officer may approve
a Temporary Sidewalk Cafe after an applicant submits a hand- or computer-drawn
plan demonstrating that the cafe meets all the standards outlined
in this ordinance.
(2)Â
Permanent Sidewalk Cafes are conditionally permitted
for any sit down restaurant, coffee shop, bakery or the like with
a principal entrance on Main Street, Talmage Avenue, Columbus Place,
Maiden Lane, or Hamilton Street. If the Administrative Officer determines
that the cafe substantially meets the standards outlined herein s/he
shall refer the applicant to the Planning Board for Design Review.
(3)Â
Sidewalk Cafes of any type are prohibited on all
other streets in the district.
(4)Â
Applicants who do not substantially meet the standards
outlined herein, as determined by the Administrative Officer, shall
be referred to the Planning Board for Site Plan Review.
(b)Â
Schedule of operation. Sidewalk cafes may only operate during
the regular business hours of the business with which they are associated.
(c)Â
Lateral clearance. Sidewalk cafes must provide at least six
feet of unobstructed sidewalk for pedestrians. The minimum distance
shall be measured from the portion of the sidewalk cafe encroachment,
which is nearest to any obstruction within the sidewalk area. For
purposes of the minimum clear path, parking meters, traffic signs,
trees, and all similar obstacles shall constitute obstruction.
(d)Â
Enclosed sidewalk cafes. Enclosed sidewalk cafes are prohibited.
(e)Â
Clean-up. The operator/owner of a sidewalk cafe shall continually
bus tables and provide a final cleanup at the end of the business
day that will include litter pickup 35 feet in each direction from
the site.
(f)Â
Music. The use of musical instruments or sound reproduction
devices in sidewalk cafes shall be subject to the same regulations
that apply to all other uses in the district.
(g)Â
Temporary sidewalk cafes. Temporary Sidewalk Cafes are those
where tables and chairs are completely removed from the sidewalk when
the business is closed.
(1)Â
No form of servicing station or any other type
of furniture, other than a single row of tables and chairs set parallel
to the building line may be placed within the space occupied by a
Temporary Sidewalk Cafe.
(2)Â
No railing, structure, or other form of barrier
is allowed between a Temporary Sidewalk Cafe and the remaining area
of the sidewalk.
(3)Â
There shall be no overhead coverage of a Temporary
Sidewalk Cafe permitted other than an awning that conforms with paragraph
d, 8.
(4)Â
All equipment must be removed and stored indoors
during non-business hours.
(h)Â
Permanent sidewalk cafes. Permanent Sidewalk Cafes are those
that include any element beyond tables and chairs and/or those cafes
with any structure or element that remains on the sidewalk when the
business is closed. They may include one service station that is cleaned
and cleared at the end of the business day, and may not be enclosed
except for the required permanent barriers described in paragraph
d, 2(a)(1). Temporary walls or barriers intended to protect cafes
from harsh weather are prohibited.
(i)Â
Design standards.
(1)Â
Permanent barriers should be three feet six inches
in height and must be constructed of black, painted, steel or cast
iron, roman or similar decorative designed railing. Wooden lattice,
fabric, finish grade woods, sturdy recycled materials, or the like
may be permitted by the Planning Board if considerations so require.
Barriers may not include movable sectional fencing, chain link fencing,
breakable plastics, unfinished lumber, or the like.
(2)Â
Permanent barriers must provide an access opening
of at least 44 inches.
(3)Â
Tables must be functional and well-maintained.
Tables may be any shape, but may not be over 36 inches in height.
(4)Â
Tables, chairs, service stations, and other amenities:
(i)Â
Preferred material - galvanized steel or wrought
iron with rust-resistant powder coat finish.
(ii)Â
Alternative materials - metals, finish-grade woods,
sturdy recycled materials, or composite materials. Upholstered tables
and chairs must be water resistant.
(iii)Â
Breakable plastics, unfinished lumber, and furniture
designed for indoor use are prohibited.
(iv)Â
The following images represent examples of acceptable
sidewalk cafe tables and chairs.
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(5)Â
Planters, railings and fences associated with sidewalk
cafes are permitted but require the approval of the Borough Planner.
(6)Â
The color, design and materials used in Permanent
Sidewalk Cafes are subject to the approval of the Planning Board.
(j)Â
Liability. The person or persons to whom a permit for Temporary
or Permanent Sidewalk Cafes has been issued shall be liable and shall
indemnify the Borough for any loss, damage, injury or expense sustained
by the Borough resulting from any claim or cause of action instituted
or commenced by any person or persons arising out of the issuance
of such permit or as a direct or indirect result of the operation
of such sidewalk cafes.
(k)Â
Insurance. Prior to the issuance of a permit for a Temporary
or Permanent Sidewalk Cafe, the applicant shall present to the Borough
a certificate of insurance for comprehensive general liability, naming
the Borough of Bound Brook as additional insured, for combined single
limits of no less than $1,000,000 per occurrence and $2,000,000 general
aggregate and umbrella limits of $1,000,000.
(l)Â
Maintenance and enforcement.
(1)Â
Tables, chairs and other furniture and equipment
used in Sidewalk Cafes must be clean and free of fading, corrosion,
splinters, dents, tears, and/or chipped paint.
(2)Â
Chairs may be painted, stained or unpainted, but
all surfaces must be properly finished such that there is no rust,
splintering or other deterioration.
(3)Â
The Borough reserves the right and power to temporarily
order the discontinuation of the operation of public outdoor dining
at any time because of anticipated or actual problems or conflicts
in the use of the sidewalk area. These situations include, but are
not limited to festivals, parades, marches, road races, repairs to
the street or sidewalk, or any other special circumstances or emergencies
occurring in the area. To the extent possible, the licensee shall
be given prior written notice of the time period during which outdoor
dining will not be permitted by the Borough, but failure to give notice
shall not affect the right and power of the Borough to prohibit outdoor
dining operations at any particular time.
3.Â
Temporary outdoor display of merchandise.
(a)Â
The outdoor display of merchandise activates streets, sidewalks
and public spaces and encourages their use. The standards in this
section ensure that the display of merchandise does not interfere
with pedestrian activity and contributes to attractive streets and
other public spaces.
(b)Â
Businesses with a ground floor principal entrance on Main Street,
Talmage Avenue, Columbus Place, or Hamilton Street may display merchandise
on the public sidewalk on municipally-approved special event days,
provided the Administrative Officer determines such arrangements meet
the standards of this ordinance. Outdoor display of merchandise on
all other streets are subject to existing regulations.
(c)Â
The merchandise displayed must be substantially related to the
main activity of the ground floor use. The term merchandise does not
include signs.
(d)Â
Merchandise may be displayed during specially designated event
days and only during business hours. After business hours all merchandise,
and all equipment used to display the merchandise, must be removed
from the public right-of-way and stored indoors.
(e)Â
The operator/owner of the business that displays merchandise
outdoors shall continually maintain their display and provide a final
cleanup at the end of the business day that will include litter pickup
35 feet in each direction from the display area.
(f)Â
Merchandise to be displayed is limited to within two feet of
the building facade provided that at least six feet of unobstructed
sidewalk remains clear for pedestrians. The minimum distance shall
be measured from the portion of the sidewalk display encroachment,
which is nearest to any obstruction within the sidewalk area. For
purposes of determining the minimum clear path, parking meters, traffic
signs, trees, and all similar obstacles shall be deemed to constitute
an obstruction.
(g)Â
No equipment used to display merchandise may be attached to
any part of the structure, facade, street light, hydrants, or the
like.
(h)Â
All items used to display materials shall be specifically designed
for that use.
(i)Â
All displays and materials used for display shall be maintained
in good condition. Faded, crooked, deteriorated, or unsightly displays
are not permitted, and shall be removed. No duct tape or similar opaque
adhesives shall be permitted.
(j)Â
The person or persons to whom a permit for outdoor display has
been issued shall be liable and shall indemnify the Borough for any
loss, damage, injury or expense sustained by the Borough arising out
of any claim or cause of action instituted or commenced by any person
or persons arising out of the issuance of such permit or as a direct
or indirect result of the operation of such outdoor display area.
4.Â
Open spaces, plazas and courtyards.
(a)Â
Private plazas, courtyards, open spaces or other features that
limit access to the public and create a significant break in the street
wall are not typically found in Downtown Bound Brook and are prohibited.
(b)Â
Applicants seeking relief from this regulation shall be required
to demonstrate that any such elements will:
(1)Â
Substantially improve the pedestrian experience;
(2)Â
Serve as an amenity to residents and the public;
(3)Â
Have sufficient natural and artificial light, and
be sufficiently visible from surrounding structures, to remain safe
at all times, especially at night;
(4)Â
Not serve to store electrical equipment, trash,
recycling or the like; and
(5)Â
Be publicly accessible between 5:00 a.m. and 11:00
p.m.
5.Â
Automotive access to parking.
(a)Â
In general, curb cuts are discouraged because they represent
a danger to pedestrians.
(b)Â
If it can be established that other access points are available
from other rights-of-way, new curb cuts will not be allowed on Main
Street, Columbus Place, Talmage Avenue or Hamilton Street unless they
replace an existing curb cut that will be closed. All attempts shall
be made to avoid new curb cuts on these streets.
(c)Â
In instances where curb cuts are allowed, the property owner
shall be required to provide cross easements to adjacent parcels in
order to ultimately allow cross movement to and from all properties
within the block structure. The intent of this section is to limit
the number of curb cuts providing access to rear yard parking.
6.Â
Pedestrian access to parking.
(a)Â
To provide pedestrian access to rear yard parking, passageways
to the rear of buildings (cut-throughs) are required for lots of 10,000
square feet or more, or for those with 200 or more feet of street
frontage. Applicants shall demonstrate that their cut-throughs will:
(1)Â
Have a minimum width of 15 feet.
(2)Â
Serve as an amenity to residents and the public;
(3)Â
Have sufficient natural and artificial light, and
be sufficiently visible from surrounding structures, to remain safe
at all times, especially at night; and
(4)Â
Not serve to store electrical/utility equipment,
trash, recycling or the like.
(b)Â
Applicants who can demonstrate that pedestrians can access any
portion of the rear-yard parking from Main Street or Hamilton Street
while walking less than 200 feet are not required to provide pedestrian
cut-throughs.
7.Â
Projections: non-awning.
(b)Â
In order to foster the improvement and rejuvenation of the B/R
District, certain additional limited encroachments are also permitted.
(c)Â
Projections of existing structures whose front building line
shares the front street right-of-way line shall be permitted to encroach
into public street rights-of-way where such projections are resulting
from building maintenance and beautification projects. These encroachments
are limited to the following:
(1)Â
Building veneers placed in front of and attached
to existing walls may encroach not more than six inches into the right-of-way
of a public street in a manner approved by the Administrative Officer.
(2)Â
Eaves, cornices, soffits, building overhangs and
decorative building elements attached to structural elements of existing
buildings qualifying under this subsection may encroach:
8.Â
Awnings and solar shades.
(a)Â
All active ground-floor uses with a window may have an awning
or awnings that project between seven and 10 feet from the facade.
The lowest portion of an awning's projecting frame shall be more than
eight feet above the level of the sidewalk or public thoroughfare.
The lowest portion of the descending valance shall be more than seven
feet and six inches above the level of the sidewalk or public thoroughfare.
(b)Â
Above the ground floor, all windows may have awnings or solar
shades that project not more than five feet from the facade. Solar
shades and solar screens are prohibited on the ground floor.
(c)Â
Any sun screening system that covers more than 10% of the building
facade requires review and approval by the Planning Board.
9.Â
Accessory building height. Accessory buildings shall not exceed 12
feet in height.
10.Â
Satellite dishes. Satellite dishes may not be mounted on any
facade that faces Main Street, Talmage Avenue, Columbus Place, or
Hamilton Street.
11.Â
Entrances. When a building fronts onto more than one right-of-way,
principal entrances should, if possible and practicable, be located
on the corner.
 |
 |
 |
e.Â
Main street district place character standards.
1.Â
Applicability. All regulations in paragraph e apply to those parcels identified in Subsection 21-10.15, Figure 1, as being in the Main Street District. (Figure 1 may be found at the end of this subsection.)
2.Â
Intent. The intent of this Place Character district is to create
a walkable, active Main Street that supports commercial and residential
development.
3.Â
Allowable and prohibited principal and accessory uses.
(a)Â
The ground floor of all buildings must be an active use. For
the purpose of this section, an active use is any use permitted on
the Ground Floor.
(b)Â
Any mix of uses is allowed, provided they are allowed on their
respective floors.
(c)Â
Permitted and Prohibited Principal Uses can be found in Subsection 21-10.15 - Figure 2. If a use is not listed, it shall be presumed to be prohibited.
(d)Â
The following uses are explicitly prohibited in the Main Street
District: new and used car lots, parking lots (but not offices) for
automotive rentals, repairs and sales, junk yards, gas stations, outdoor
amusements, trailer camps; warehouses and storage buildings, rooming
and boarding houses, public garages, adult entertainment, adult bookstores,
go-go dancing establishments, pool halls, bail bondsmen, pawn shops,
and drive-in or drive-through establishments or facilities.
(e)Â
Permitted and Prohibited Accessory Uses can be found in Subsection 21-10.15 - Figure 3.
[Amended 3-22-2022 by Ord. No. 2022-01; 6-28-2022 by Ord. No. 2022-17]
|
21-10.15 - Figure 2. Principal Uses in Main Street District
| ||
|---|---|---|
|
KEY: P = Permitted; NP = Prohibited/Not Permitted;
C = Conditional
| ||
|
Ground Floor
|
Above Ground Floor
| |
|
Residential
| ||
|
Apartment/Condominium
|
NP
|
P
|
|
Elderly care, extended care, special care
|
NP
|
P
|
|
Live/Work (Artist)
|
NP
|
P
|
|
Live/Work (Professional)
|
NP
|
P
|
|
Single Family Detached
|
NP
|
NP
|
|
Townhouse Unit
|
NP
|
P
|
|
Twin Unit
|
NP
|
NP
|
|
Commercial
| ||
|
Bar (or Bar-Restaurant)
|
P
|
C
|
|
Bed & Breakfast
|
P
|
P
|
|
Business Services
|
P
|
P
|
|
Childcare Center
|
C
|
C
|
|
Educational Facilities, Specialized Instruction
|
P
|
P
|
|
Entertainment/Amusement/Theater
|
P
|
P
|
|
Financial Services
|
P
|
P
|
|
Financial Services (Drive Through)
|
NP
|
NP
|
|
Fitness Center, Commercial
|
P
|
P
|
|
Gallery, craft/antique stores
|
P
|
P
|
|
Hotel
|
P
|
P
|
|
Laboratory (medical/dental)
|
NP
|
NP
|
|
Liquor Store
|
P
|
C
|
|
Nightclub
|
NP
|
NP
|
|
Office, Medical
|
NP
|
P
|
|
Office, professional, including business offices with a Class
6 cannabis delivery license
|
NP
|
P
|
|
Restaurant (Drive Through)
|
NP
|
NP
|
|
Restaurant (Full Service)
|
P
|
P
|
|
Restaurant (Take Out)
|
P
|
C
|
|
Retail Sales
|
P
|
C
|
|
Retail Services
|
P
|
NP
|
|
Institutional/Civic
| ||
|
Club, lodge, or fraternal organization
|
NP
|
P
|
|
Community Services
|
P
|
P
|
|
Cultural Uses (museum/gallery/library)
|
P
|
P
|
|
Government Office
|
P
|
P
|
|
Government Office
|
P
|
P
|
|
House of Worship
|
NP
|
P
|
|
Educational Facilities, Primary/Secondary
|
NP
|
NP
|
|
Educational Facilities, Post-Secondary
|
NP
|
NP
|
|
Educational Facilities, Vocational/Arts School
|
NP
|
NP
|
|
Light Industry
| ||
|
Rail station
|
P
|
P
|
|
Artisan workshops (with Retail frontage)
|
P
|
P
|
|
Warehouse, storage
|
NP
|
NP
|
|
Parking Garage (Structured)
|
21-10.15.e.10
|
21-10.15.e.10
|
|
21-10.15 - Figure 3. Accessory Uses in Main Street District
| |
|---|---|
|
KEY: P = Permitted; NP = Prohibited/Not Permitted
| |
|
Accessory Apartment
|
NP
|
|
Carport
|
NP
|
|
Private Garage
|
NP
|
|
Storage Shed
|
NP
|
|
Parking Deck
|
21-10.15.e.10
|
|
Surface Parking Lot
|
21-10.15.e.10
|
|
Sidewalk Café
|
21-10.15.d.2
|
|
Home Occupation
|
P
|
|
Street Furniture
|
P
|
|
Porches
|
NP
|
|
Balconies (projecting beyond Facade)
|
NP
|
|
Balconies (recessed)
|
See facade regulations
|
|
Signs
|
21-10.15.i
|
|
Loading Zones
|
P
|
|
Drive-through Facility
|
NP
|
4.Â
Conditional Uses. Uses identified as conditional upper-story uses in Subsection 21-10.15 - Figure 2 are permitted provided they have a ground floor presence, including a dedicated entrance and ground floor space, or, at a minimum, a ground floor window display.
5.Â
Building height.
(a)Â
The standards in this section promote new construction that
is consistent with the goals and objectives of the Downtown Urban
Design Plan, which has been adopted as part of the Borough's Master
Plan; legalize the existing fabric to allow for renovations and adaptive
reuse of structures; discourage extensive demolition and redevelopment
of existing structures; and protect the historic fabric that gives
Downtown Bound Brook its character.
(b)Â
Lots smaller than 10,000 square feet shall have a minimum and
maximum building height of three stories or 40 feet, whichever is
the lesser.
(c)Â
Lots larger than 10,000 square feet shall have a minimum building
height of three stories and a maximum building height of five stories
or 70 feet, whichever is the lesser, provided that all stories above
the first three stories (or 45 feet) are stepped back from the street
facade plane by at least 10 feet.
(d)Â
One- and two-story structures are allowed only if they were
constructed before January 1, 2014.
6.Â
Residential unit types.
(a)Â
The future success of Downtown Bound Brook is dependent on offering
a variety of housing options. No building with more than three residential
units may provide only efficiency units. New construction and renovations
shall contain a mix of one- and two-bedroom units.
7.Â
Main street sidewalk setbacks.
(a)Â
The standards in this section will ensure a consistent street
wall along Main Street, Talmage Avenue, and Columbus Place and create
opportunities for ample sidewalk space. Both conditions contribute
to active and walkable streets.
(b)Â
Buildings with 100 feet or more of street frontage shall provide
a sidewalk setback of 20 feet.
(c)Â
Buildings with less than 50 feet of street frontage shall have
a sidewalk setback equal to the sidewalk setback of adjacent buildings
or a zero-foot sidewalk setback, whichever is greater.
(1)Â
In instances where adjacent buildings have different
sidewalk setbacks, the building shall match the larger of the two
setbacks.
(2)Â
In instances where there are no adjacent buildings,
the building shall be set back 20 feet.
(3)Â
Any applicant seeking relief from the Main Street Sidewalk Setback regulation shall demonstrate that their project will not lead to a "saw tooth" street wall condition as illustrated in Subsection 21-10.15 - Figure 4, and will support the goal of making Main Street an active street.
|
21-10.15 - Figure 4. Saw Tooth Facade Condition
Â
 |
8.Â
Side yard standards.
(a)Â
Main Street's character is partially defined by a continuous
array of attached buildings that establish a well-defined street wall.
The standards in this section ensure that new construction and renovations
continue the street wall, help define the public space, make Main
Street pedestrian friendly, and ensure ground floor uses activate
the street.
(b)Â
No side yards are allowed except when a side yard abuts a residential
zone.
(c)Â
When a side yard abuts a residential zone, that yard must have
a minimum ten-foot setback and include plantings or other screening
devices that will effectively protect the privacy of the residential
neighbor.
(d)Â
Applicants seeking relief from this section shall be required
to demonstrate that any proposed deviation:
(1)Â
Will substantially improve the pedestrian experience;
(2)Â
Will serve as an amenity to residents and the public;
(3)Â
Will not detract from a continuous street wall
along Main Street, Columbus Place, or Talmage Avenue;
(4)Â
Will have sufficient natural and artificial light,
and be sufficiently visible from surrounding structures, to remain
safe at all times, especially at night; and
(5)Â
Will not serve to store electrical equipment, utility,
trash, recycling or the like.
9.Â
Rear yard setback.
(a)Â
All buildings shall be built with a minimum twenty-foot rear
yard setback except for lots abutting a residential district.
(b)Â
Lots abutting a residential district shall observe a thirty-foot
rear yard setback and include plantings or other screening devices
that will effectively protect the privacy of the residential neighbor.
10.Â
Parking.
(a)Â
In addition to the regulations outlined in this section, all
parking must conform to paragraph j., Parking.
(b)Â
All surface and structured parking shall be located behind the
principal structure in the rear yard. No front or side yard parking
is allowed.
(c)Â
Parking Decks are permitted as an accessory use in the Main
Street District provided they meet the following conditions.
(1)Â
Parking structures may not front onto any street.
Any Parking Deck on a lot that abuts a street must be built with a
Liner building of at least 30 feet in depth that separates the Parking
Deck from right-of-way. Liner Buildings must comply with all standards
in this code, including applicable Facade Regulations.
(2)Â
Parking Decks may not exceed the height of its
corresponding Liner Building.
(3)Â
Parking Decks, not including Liner Buildings, are
not required to comply with Facade Regulations. However, the design
of Parking Decks shall consider and complement the design guidance
provided for other buildings in this zone and be designed to complement
the design of the liner building.
(4)Â
Openings in the facade for ventilation shall be
covered with decorative metal grilles or other decorative treatments.
Climbing vegetation, artwork and/or other decorative treatments are
encouraged to soften Parking Deck facades and increase visual interest.
(d)Â
Relief considerations:
(1)Â
A Parking Deck abutting Main Street, Talmage Avenue,
Hamilton Street, or Columbus Place would be inconsistent with the
Downtown Urban Design Plan.
(2)Â
If the Zoning Board of Adjustment grants a variance
to allow a Parking Deck to abut a public right-of-way, the structure
shall be set back a minimum of 30 feet. The exposed facade shall be
covered with artwork, plantings and/or other decorative treatment.
The space between the sidewalk and the facade shall be designed as
an attractive public space, with landscaping and street furniture.
11.Â
Sidewalks and street trees.
12.Â
Building types.
(a)Â
The following building types are allowed in this district. All
buildings must conform to paragraph h.
|
21-10.15 - Figure 5. Building Type in Main Street District
| ||
|---|---|---|
|
KEY: P = Permitted; NP = Not Permitted
| ||
|
Minimum Lot Size
(square feet)
| ||
|
Civic
|
P
|
5,000
|
|
Commercial Office Building
|
NP
|
5,000
|
|
Detached Single Family
|
NP
|
4,000
|
|
Liner Building
|
P
|
3,500
|
|
Live/Work
|
P
|
2,000
|
|
Mix Use
|
P
|
7,500
|
|
Parking Deck (with Liner Building)
|
P
|
15,000
|
|
Residential Elevator Flat
|
NP
|
10,000
|
|
Townhouse
|
NP
|
1,500
|
|
Twin
|
NP
|
3,000
|
|
See Subsection 21-10.15h for detailed explanation of building types
| ||
13.Â
Facade regulations: All
(a)Â
Intent of facade regulations:
(1)Â
Establish a set of re-occurring architectural elements
that reinforce the place character of Main Street and ensure harmony
between different architectural styles and construction from different
time periods. The intent is not to dictate architectural style. Downtown
Bound Brook has, and should continue to have, a rich mix of architectural
styles.
(2)Â
Promote and encourage active street uses that make
Main Street a pedestrian friendly environment.
(3)Â
Facilitate renovations and adaptive reuse that
is consistent with the character of the Downtown.
(b)Â
All buildings will be built with a Base, Shaft and Crown. The
regulations regarding Base, Shaft and Crown will govern all facades
that face a public right-of-way.
|
21-10.15 - Figure 6. Base, Shaft, and Crown Illustrative
Example
Â
 |
(c)Â
Materials.
(1)Â
Permitted Primary Materials: Brick, Brick Veneers,
Stone, Synthetic Stone
(2)Â
Permitted Ground Floor Materials: Wood and Medium
Density Fiberboard (MDF).
(3)Â
Permitted (non-cornice) Crown Materials: clapboard.
(4)Â
Permitted Secondary Materials: stucco and metal
panels.
(5)Â
Prohibited Materials: Those materials not specifically
allowed are prohibited. This includes vinyls, metal siding, and fiber
cement siding.
14.Â
Facade regulation: Base.
(a)Â
The intent of this section is to reinforce the rhythm of storefronts
along Main Street in an effort to ensure an active street that is
visually interesting and pedestrian-friendly.
(b)Â
All ground floor facades will be divided into Storefront Sections
of between 20 and 35 feet. Divisions between Storefront Sections will
be identified through changes in materials, changes in color, and/or
the use of horizontal bands.
(c)Â
The base shall be finished with a cornice, horizontal decorative
molding, or similar horizontal expression line.
(e)Â
Ground floor elevation. Ground-floors should be no more than
18 inches above sidewalk level, unless additional elevation is required
by flood hazard area regulations.
(f)Â
First story clear height. The first story shall be between 15
feet and 18 feet in height.
(g)Â
All storefronts are encouraged to have an awning consistent
with the standards in paragraph d.8.
(h)Â
Doors, and Windows.
(1)Â
Shop windows and door openings shall comprise at
least 50% of the ground floor facade but not more than 75%.
(2)Â
Ground floor windows must have a sill height of
at least two feet but not more than three feet.
(3)Â
No blank walls are permitted facing any street
at the ground floor.
|
21-10.15 - Figure 7. Base Illustrative Example
Â
 |
15.Â
Facade regulation: Shaft.
(a)Â
The intent of this section is to establish harmony with the
existing building context.
(b)Â
Facade strategies. All buildings in the Main Street Place Character
District will employ one of the following Shaft Strategies:
(c)Â
Windows and Bays:
(1)Â
When feasible, windows on the shaft of a building
will substantially align with those on adjacent buildings.
(2)Â
Windows shall comprise no less than 30% and no
more than 50% of the area of the shaft facade.
(3)Â
Windows on the same story shall have the same sill
height unless deemed appropriate by the Planning Board.
(4)Â
Windows between horizontal breaks must be spaced
equally and symmetrically.
(5)Â
Main Street has no tradition of bay windows. No
bay windows are allowed.
(d)Â
Traditional Main Street Strategy.
(1)Â
The intent of this strategy is to replicate the
rhythm of attached buildings along Main Street.
(2)Â
The front facade shall be broken into Sections
between 20 feet and 35 feet in width.
(3)Â
Sections should be distinguished through changes
in material or material color. Changes in window pattern or style
may accentuate changes in material or material color.
(4)Â
Spacing of Shaft Sections must correspond to the
spacing of Storefront Sections to create the appearance of a single
structure.
(5)Â
A single primary material should comprise 90% of
all non-window areas within the shaft.
(6)Â
Horizontal bands may be used to distinguish between
floors.
|
21-10.15 - Figure 8. Main Street Illustrative Example
Â
 |
(e)Â
Contemporary Main Street Strategy 1.
(1)Â
The intent of this strategy is to provide opportunities
for contemporary building design while ensuring key architectural
elements are consistently represented throughout the zone.
(2)Â
The facade may be broken into Major and Minor Sections.
Major Sections must be between 20 feet and 35 feet wide. Minor Sections
must be between five feet and 15 feet wide.
(3)Â
Breaks between Major and Minor Sections should
accentuate breaks in Storefront Sections on the base.
(4)Â
Major and Minor Sections shall be differentiated
by the use of materials and, optionally, window patterns.
(5)Â
A single primary material and a single secondary
material should comprise 90% of all non-window areas within the shaft.
(6)Â
All Major or all Minor Sections, but not both,
will be consistently recessed from the facade plane between six inches
and 12 inches. No recess will fall on the corner or edge of a building.
|
21-10.15 - Figure 9. Contemporary Main Street Strategy
1 Illustrative Example
Â
 |
(f)Â
Contemporary Main Street Strategy 2.
(1)Â
The intent of this strategy is to provide opportunities
for contemporary building design while ensuring key architectural
elements are consistently represented throughout the zone.
(2)Â
The facade may be broken into Major and Minor Sections.
Major Sections must be between 25 feet and 35 feet wide. Minor Sections
must be between 10 feet and 20 feet wide.
(3)Â
Breaks between Major and Minor Sections should
accentuate breaks in Storefront Sections on the base.
(4)Â
Major and Minor Sections shall be differentiated
by the use of materials and, optionally, window patterns.
(5)Â
A single primary material and a single secondary
material should comprise 90% of all non-window and non-balcony areas
within the shaft.
(6)Â
Minor Sections will be recessed from the facade
plane at least five feet to create Recessed Balconies. Balcony railings
shall be flush with the facade plane and be constructed of galvanized
steel, wrought iron, finish grade woods, or sturdy recycled materials.
|
21-10.15 - Figure 10. Contemporary Main Street Strategy
2 Illustrative Example
Â
 |
(g)Â
Italianate main street strategy.
(1)Â
The intent of this strategy is to provide opportunities
for contemporary building design that contributes to architectural
harmony by incorporating Italianate architectural elements found on
the Voorhees Building, one of Bound Brook's iconic structures.
(2)Â
Vertical bands.
(i)Â
The Principal ground floor entrance must be accentuated
by two vertical bands that divide the facade into two symmetrical
"Divisions."
(ii)Â
Vertical bands further break each "Division" into
"Sections" between 10 feet and 30 feet in width.
(iii)Â
A vertical band will fall on the corner of the
facade.
(iv)Â
Vertical bands will be no more than three feet
wide and extend no more than six inches from the facade.
(v)Â
Vertical bands need not be distinguished through
changes in material.
(vi)Â
Vertical bands will, when appropriate, accentuate
Storefront Section breaks on the ground floor.
(3)Â
Windows shall be designed with Sills as well as
Hood-moulds or Labels.
(4)Â
A single primary material should comprise 90% of
all non-window areas within the shaft.
|
21-10.15 - Figure 11. Italianate Main Street Illustrative
Example
 |
(h)Â
Neoclassical Main Street Strategy.
(1)Â
The intent of this strategy is to provide opportunities
for contemporary building design that contributes to architectural
harmony by incorporating neoclassical architectural elements found
on the Elks Building, one of Bound Brook's iconic structures.
(2)Â
Buildings with less than 70 feet of principal frontage
along Main Street, Columbus Place, or Talmadge Avenue and less than
120 feet of side frontage do not have to be divided into Shaft Sections,
provided that the facade meets the following standards:
(i)Â
The facade shall be continuously constructed of
high quality brick or masonry.
(ii)Â
The facade shall be symmetrical.
(iii)Â
In addition to meeting the window regulations
in paragraph e,14(h), windows are designed with Sills as well as Hood-moulds
or Labels.
|
21-10.15 - Figure 12. Neoclassical Main Street Illustrative
Example
 |
16.Â
Facade regulation: crown.
(a)Â
Bound Brook has a historical tradition of flat roofs. All roofs
shall be flat or have pitch sufficiently low as to be indiscernible
from the ground.
(b)Â
Green roofs are permitted and encouraged.
(c)Â
Private outdoor space on rooftops is permitted and encouraged.
(d)Â
Bound Brook has a historical tradition of cornices. Unless an
Italianate Main Street Strategy is used on the Shaft, buildings of
three stories or less shall have a cornice as the crown that extrudes
a minimum of five inches and a maximum of 12 inches.
(e)Â
If an Italianate Main Street Strategy is used on the Shaft,
the crown will be an eave that extends no more than two feet with
corbels or other decorative support brackets.
(f)Â
Buildings of more than three stories shall have a ten-foot building
step-back along street frontages. Those stories stepped back from
the facade plane shall act as the building Crown and must conform
to the following standards:
(1)Â
Building step-backs may be of a different material
than the Base.
(2)Â
The rhythm of windows on the Crown should substantially
match the rhythm of windows on the Shaft.
(3)Â
Vertical bands and Minor Sections on the Shaft
should continue through the Crown.
(4)Â
Balconies:
(i)Â
The area between the building facade plane and
the step-back facade may accommodate balconies.
(ii)Â
Balconies on the fourth floor may extend to the
building facade plane.
(iii)Â
Balconies on the fifth floor shall extend between
six feet and eight feet from the step-backed facade.
(iv)Â
Balcony railings must be constructed of galvanized
steel, wrought iron, finish grade woods, or sturdy recycled materials.
(g)Â
Cornices must be present at both the building step-back line
(three stories) and at the top of the final story (4th or 5th story).
Cornices will extrude a minimum of five inches and a maximum of 12
inches.
|
21-10.15 - Figure 13. Crown Elements
Â
 |
|
21-10.15 - Figure 14. Three Story Building Crown Illustrative
Example
Â
 |
|
21-10.15 - Figure 15. Three Story Building Crown Illustrative
Example
Â
 |
17.Â
Multiple facades.
(a)Â
If a building has more than one facade that faces onto a public
right-of-way, an applicant may employ different strategies on different
facades provided the applicant demonstrates that the building will
meet the goals and objectives of this code as determined by the Planning
Board.
f.Â
Arts district place character standards.
2.Â
Intent.
(a)Â
The intent of the Arts District is to encourage an active, mixed-use,
area with vibrant entertainment and cultural environment drawing residents,
businesses, and visitors to the area. The area is envisioned as a
walkable, active arts district with a strong concentration of commercial
uses that are supportive of the arts.
(b)Â
The Arts district is created to increase awareness and support
for arts, culture, and the creative economy in the Borough of Bound
Brook.
3.Â
Findings of fact.
(a)Â
Art- and culture-related uses and organizations add cultural
and economic diversity to the Borough; enhance the lives of the Borough's
residents and visitors and positively impact the Borough's economy
by generating jobs and revenue and retaining a competitive workforce.
(b)Â
The co-location of art- and culture-related uses and organizations
within a defined Arts and Cultural District within the Borough will
enhance those businesses and organizations to more effectively promote
their common interests.
(c)Â
The location of art- and culture-related uses and organizations
within close proximity within the Borough will encourage the growth
of creative industries, as well as complementary businesses, thus
increasing the overall economic activity within the District and other
neighboring areas.
(d)Â
Art and arts-related uses can increase the value of a development
projects, help to lease space more quickly, enhance the image of the
community, promote cultural tourism, and provide a visible and lasting
contribution to the community.
(e)Â
Art and arts-related development enriches and celebrates community
identity.
4.Â
Allowable and prohibited principal and accessory uses.
(a)Â
The ground floor of all buildings must be an active use. For
the purpose of this section, an active use is any use permitted on
the Ground Floor.
(b)Â
Any mix of uses is allowed, provided they are allowed on their
respective floors.
(c)Â
Permitted and Prohibited Principal Uses can be found in Subsection 21-10.15 - Figure 16 below. If a use is not listed, it shall be presumed to be prohibited.
(d)Â
The following uses are explicitly prohibited in the Arts District:
new and used car lots, parking lots for automotive rentals, repairs,
and sales, junk yards, gas stations, outdoor amusements, trailer camps;
warehouses and storage buildings, rooming and boarding houses, public
garages, adult entertainment, adult bookstores, go-go dancing establishments,
tattoo parlors, massage parlors, tanning salons, pool halls, bail
bondsmen, pawn shops, and drive-in or drive-through establishments
or facilities.
(e)Â
Permitted, Conditional, Prohibited Accessory Uses can be found
in Subsection 21- 10.15 - Figure 17 - Accessory Uses in Arts District.
5.Â
Conditional uses.
(a)Â
Uses identified as conditional upper-story uses in Subsection 21-10.15 - Figure 17 are permitted provided they have a ground floor presence, including a dedicated entrance and ground floor space, or, at a minimum, a ground floor window display.
[Amended 3-22-2022 by Ord. No. 2022-01; 6-28-2022 by Ord. No. 2022-17]
|
21-10.15 - Figure 16. Principal Uses in Arts District
| ||
|---|---|---|
|
KEY: P = Permitted; NP = Prohibited/Not Permitted; C = Conditional
| ||
|
Ground Floor
|
Above Ground Floor
| |
|
Residential
| ||
|
Apartment/Condominium
|
NP
|
P
|
|
Elderly care, extended care, special care
|
NP
|
P
|
|
Live/Work (Artist)
|
P
|
P
|
|
Live/Work (Professional)
|
NP
|
P
|
|
Single Family Detached
|
NP
|
NP
|
|
Townhouse Unit
|
NP
|
P
|
|
Twin Unit
|
NP
|
NP
|
|
Commercial
| ||
|
Bar (or Bar Restaurant)
|
P
|
C
|
|
Bed & Breakfast
|
NP
|
P
|
|
Business Services
|
P
|
P
|
|
Childcare Center
|
NP
|
P
|
|
Creative Economy Business
|
P
|
P
|
|
Educational Services, Specialized Instruction
|
NP
|
P
|
|
Entertainment/Amusement/Theater
|
P
|
P
|
|
Financial Services
|
P
|
P
|
|
Financial Services (Drive Through)
|
NP
|
NP
|
|
Fitness Center, Commercial
|
P
|
P
|
|
Gallery, craft/antique stores
|
P
|
P
|
|
Hotel
|
P
|
P
|
|
Laboratory (medical/dental)
|
NP
|
NP
|
|
Liquor Store
|
NP
|
NP
|
|
Nightclub
|
P
|
P
|
|
Office, Medical
|
NP
|
P
|
|
Office, Professional, including business offices with a Class
6 cannabis delivery license
|
NP
|
P
|
|
Restaurant (Drive Through)
|
NP
|
NP
|
|
Restaurant (Full Service)
|
P
|
P
|
|
Restaurant (Take Out)
|
P
|
NP
|
|
Retail Sales
|
P
|
C
|
|
Retail Services
|
P
|
C
|
|
Institutional/Civic
| ||
|
Arts Administration
|
P
|
P
|
|
Club, lodge, or fraternal organization
|
NP
|
P
|
|
Cultural Uses (museum/gallery/library)
|
P
|
P
|
|
Educational Facilities, Post-Secondary
|
NP
|
NP
|
|
Educational Facilities, Primary/Secondary
|
NP
|
NP
|
|
Educational Facilities, Vocational/Arts School
|
P
|
P
|
|
Government Office
|
P
|
P
|
|
Hospital/Medical Center
|
NP
|
NP
|
|
House of Worship
|
NP
|
P
|
|
Visual/Performing Arts
|
P
|
C
|
|
Light Industry
| ||
|
Artisan workshops (with Retail frontage)
|
P
|
P
|
|
Warehouse, storage
|
NP
|
NP
|
|
Parking Deck
|
NP
|
NP
|
|
21-10.15 - Figure 17. Accessory Uses in Arts District
| ||
|---|---|---|
|
KEY: P = Permitted; NP = Prohibited/Not Permitted
| ||
|
Ground Floor
|
Above Ground Floor
| |
|
Accessory Apartment
|
NP
| |
|
Carport
|
NP
| |
|
Private Garage
|
NP
| |
|
Storage Shed
|
NP
| |
|
Parking Deck
|
NP
| |
|
Surface Parking Lot
|
21-10.15.f,11
| |
|
Sidewalk Cafe
|
21-10.15.d,2.
| |
|
Home Occupation
|
P
| |
|
Street Furniture
|
P
| |
|
Porches
|
NP
| |
|
Balconies (Projecting from facade)
|
NP
| |
|
Balconies (Recessed)
|
See facade regulations
| |
|
Signs
|
21-10.15.i.
| |
|
Loading Zones
|
P
| |
|
Drive-through Facility
|
NP
| |
6.Â
Building height.
(a)Â
The standards in this section:
(1)Â
Legalize the existing fabric to allow for renovations
and adaptive reuse of structures;
(2)Â
Discourage extensive demolition and redevelopment
of existing structures and protect the historic fabric that gives
Downtown Bound Brook its character; and
(3)Â
Promote the goals and objectives of the Downtown
Urban Design Plan.
(b)Â
A maximum building height of three stories or 40 feet, whichever
is the lesser, for buildings facing Main Street; and two stories or
30 feet for buildings facing Hamilton Street, Maiden Lane and West
2nd Street.
(c)Â
One-story buildings are not allowed unless built before August
12, 2014.
(d)Â
Additional building height can be achieved through the provision
of Arts space as detailed in Arts Bonus paragraph f.18.
7.Â
Hamilton street sidewalk setback.
(a)Â
The standards in this section will ensure a consistent street
wall along Hamilton Street and create opportunities for ample sidewalk
space. Both conditions contribute to active and walkable streets.
(b)Â
All buildings shall have a sidewalk setback equal to the sidewalk
setback of adjacent buildings, or a zero foot yard setback, whichever
is greater.
(c)Â
In instances where adjacent buildings have different sidewalk
setbacks, the building shall match the larger of the two setbacks.
(d)Â
In instances where there are no adjacent buildings, the building
shall be setback an average of the two closest buildings.
(e)Â
Among other criteria, any applicant seeking relief from the
Hamilton Street Sidewalk Setback may be required to demonstrate that
their project:
8.Â
Side yard standards.
(a)Â
Hamilton Street character is partially defined by a continuous
array of attached buildings that establish a well-defined street wall.
The standards in this section ensure that new construction and renovation
continue the street wall, help define the public space, make Hamilton
Street pedestrian friendly, and ensure ground floor uses activate
the street.
(b)Â
No side yards are allowed except when side yard abuts a residential
zone.
(c)Â
When a side yard abuts a residential zone, that yard must have
a minimum ten-foot setback and include plantings or other screening
devices that will effectively protect the privacy of the residential
neighbor.
(d)Â
Among other criteria, applicants seeking relief from this regulation
may be required to demonstrate that any such element.
(1)Â
Would substantially improve the pedestrian experience;
(2)Â
Would serve as an amenity to residents and the
public;
(3)Â
Would not detract from a continuous street wall
along Hamilton Street;
(4)Â
Would have sufficient natural and artificial light,
and be sufficiently visible from surrounding structures, to remain
safe at all times, especially at night;
(5)Â
Would not serve to store electrical equipment,
utilities, trash, recycling or the like.
9.Â
Rear yard setback.
(a)Â
All buildings shall be built with a minimum ten-foot rear yard
setback except when the B/R Zone abuts a residential zone.
(b)Â
When a rear yard abuts a residential zone, that yard must have
a minimum twenty-foot setback and include plantings or other screening
devices that will effectively protect the privacy of the residential
neighbor.
10.Â
Public art.
(a)Â
The intent of this section is to encourage the construction
and display of public art in the Arts District. This section does
not extend to the display of installations with religious connotations
or affiliations.
(b)Â
Temporary public art installations on the public right-of-way
are those intended to remain less than 60 days. They are permitted
subject to approval by the Administrative Officer. Applicants must
provide a date by when the installation will be removed. Installations
not removed by the designated date shall be fined $50 per day.
(c)Â
Permanent public art installations on the public right-of-way
are permitted subject to Planning Board design review. Applicants
must provide a concept plan showing all details of the installation,
as well as a plan for regular maintenance of any installation.
(d)Â
Art installations on sidewalks are encouraged provided they
allow at least six feet of unobstructed sidewalk for pedestrians.
The minimum distance shall be measured from the portion of the installation
nearest to any obstruction within the sidewalk area. For purposes
of determining the minimum clear path, parking meters, traffic signs,
trees, and all similar obstacles shall constitute obstruction.
(e)Â
Art installations on building facades and walls are encouraged
and should primarily consist of murals or other decorative pieces
that do not project from the facade more than six inches. Installations
on buildings should not obscure architectural details and shall not
obstruct windows, doorways or emergency exits.
(f)Â
Art installations may not include commercial messaging. Signs
are not considered art for the purposes of this section.
(g)Â
The following art installations shall receive the highest level
of design scrutiny by the Planning Board and pose the highest risk
of creating a nuisance for the community. If any installation has
any of the qualities listed below, Planning Board approval is necessary,
even for a Temporary Installation.
12.Â
Building types.
(a)Â
The building types listed in Subsection 21-10.15 - Figure 19 - Building Type in Arts District are allowed in this district. All buildings must conform to paragraph h.
|
21-10.15 - Figure 19. Building Type in Arts District
| ||
|---|---|---|
|
KEY: P = Permitted; NP = Not Permitted
| ||
|
Minimum Lot Size
(square feet)
| ||
|
Civic
|
P
|
5,000
|
|
Commercial Office Building
|
NP
|
5,000
|
|
Detached Single Family
|
NP
|
4,000
|
|
Liner Building
|
P
|
3,500
|
|
Live/Work
|
P
|
2,000
|
|
Mix Use
|
P
|
7,500
|
|
Parking Deck (with Liner Building)
|
NP
|
15,000
|
|
Residential Elevator Flat
|
NP
|
10,000
|
|
Townhouse
|
NP
|
1,500
|
|
Twin
|
NP
|
3,000
|
|
See Subsection 21-10.15.h for detailed explanation of building
types
| ||
13.Â
Facade regulations. All
(a)Â
Intent of facade regulations.
(1)Â
Establish a set of recurring architectural elements
that will reinforce the place character of Hamilton Street as an Arts
District and ensure harmony between different architectural styles.
The intent is not to dictate architectural style. Downtown Bound Brook
has, and should continue to have, a rich mix of architectural styling.
(2)Â
Promote and encourage active street uses that make
Hamilton Street a pedestrian friendly environment that is an attractive
arts destination.
(3)Â
Facilitate renovations and adaptive reuse that
is consistent with the character of the area.
(b)Â
All buildings will be built with a Base, Shaft, and Crown. The
regulations regarding Base, Shaft, and Crown will govern all facades
that face a public right-of-way.
(c)Â
Materials.
(1)Â
Permitted primary materials. Brick, Brick Veneers,
Stone, Synthetic Stone.
(2)Â
Additionally permitted ground floor materials.
Wood and Medium Density Fiberboard (MDF). Additionally metal construction
on window storefronts only.
(3)Â
Additionally permitted (non-cornice) crown materials:
clapboard.
(4)Â
Permitted secondary materials: Stucco or Metal
Panels.
(5)Â
Prohibited materials: Those materials not specifically
allowed are prohibited. This includes vinyls, metal siding and fiber
cement siding.
14.Â
Facade regulation. Base.
(a)Â
The intent of this section is to reinforce the rhythm of storefronts
along Hamilton Street in an effort to provide a more active street
that is pedestrian friendly.
(b)Â
All ground floor facades will be divided into Storefront Sections
between 20 feet and 35 feet. Divisions between Storefront Sections
will be identified through changes in materials, changes in color,
and/or the use of columns. Columns shall not extend beyond the facade
more than six inches.
(d)Â
Ground-floor elevation. Ground-floors should be no more than
18 inches above sidewalk level, unless a higher elevation is required
by Flood Hazard Area regulations.
(e)Â
First story clear height. The first story shall not exceed 18
feet in height.
(f)Â
All storefronts are permitted to have an awning or overhang
that is consistent with the standards in paragraph d.8.
(g)Â
Doors, and Windows.
15.Â
Facade regulation. Shaft and Crown.
(b)Â
Windows.
(1)Â
The Shaft of all facades, unless otherwise noted,
will conform to the following regulations regarding windows and bays.
(i)Â
When feasible, windows on the shaft of a building
will substantially align with windows on adjacent buildings.
(ii)Â
Windows shall comprise no less than 30% and no
more than 50% of the area of the shaft facade.
(iii)Â
Windows on the same story shall have the same
sill height unless deemed appropriate by the Planning Board.
(iv)Â
Windows between horizontal bands must be spaced
equally and symmetrically.
(v)Â
Hamilton Street has no tradition of Bay windows.
No Bay windows are allowed.
(c)Â
Crown. The Crown of all buildings shall be a cornice and conform
to the restrictions outlined in each Facade Strategy.
(d)Â
Green roofs. Green roofs are permitted and encouraged.
(e)Â
Rooftop amenities. Private outdoor space on rooftops is permitted
and encouraged.
16A.Â
(16)=16A. Traditional Arts District
Strategy (Shaft and Crown).
(a)Â
Shaft.
(1)Â
The shaft shall be divided into Shaft Sections
that correspond to Storefront Sections. This can be achieved through:
(b)Â
Crown.
(1)Â
Bound Brook has a historical tradition of flat
roofs. All roofs shall be flat or have pitch sufficiently low as to
not be discernible from the ground.
(2)Â
Buildings employing Traditional Arts District Strategy
may not exceed two stories or 30 feet.
(3)Â
The Crown shall be a parapet that meets the following
standards:
(i)Â
Within a Section, the parapet shall vary in height;
(ii)Â
The parapet variations shall accentuate divisions
between Sections of the building; and
(iii)Â
Parapet variations shall accentuate horizontal
bands.
(iv)Â
The parapet shall be symmetrical within each Section.
|
21-10.15 - Figure 20. Arts District Facade Regulations
Illustrative Example 1
Â
 |
16B.Â
Contemporary Arts District Strategy
(Shaft and Crown).
(a)Â
Shaft.
(1)Â
The shaft shall be divided into Shaft Sections
that correspond to Storefront Sections. This can be achieved through:
(b)Â
Crown.
(1)Â
Bound Brook has a historical tradition of flat
roofs. All roofs shall be flat or have pitch sufficiently low as to
be indiscernible from the ground.
(2)Â
Bound Brook has a historical tradition of cornices.
Buildings shall have a cornice as the crown that extrudes a minimum
of five inches and a maximum of 12 inches.
|
21-10.15 - Figure 21. Contemporary Arts District Strategy
Â
 |
17.Â
Neoclassical Arts District Strategy (Shaft and Crown).
(a)Â
Shaft.
(1)Â
The intent of this strategy is to provide opportunities
for contemporary building design that contributes to architectural
harmony by incorporating neoclassical architectural elements found
on the Elks Building, one of Bound Brook's iconic structures.
(2)Â
Buildings with less than 70 feet of principal frontage
along Hamilton Street, Maiden Lane, or West 2nd Street and less than
120 feet of side frontage do not have to be divided into Shaft Sections,
provided that the facade meets the following standards:
(b)Â
Crown.
(1)Â
Bound Brook has a historical tradition of flat
roofs. All roofs shall be flat or have pitch sufficiently low as to
be indiscernible from the ground.
(2)Â
Bound Brook has a historical tradition of cornices.
Buildings utilizing the Neoclassical Arts District Strategy shall
have a cornice as the crown that extrudes a minimum of five inches
and a maximum of 12 inches.
|
21-10.15 - Figure 22. Neoclassical Arts District Illustrative
Example
Â
 |
18.Â
Arts bonus.
(a)Â
Intent. The Arts District Place Character encourages the development
of arts spaces by allowing for additional building height and square
footage when a project provides space for Arts- and Culture-Related
Uses.
(b)Â
Only proposals on lots of at least 5,000 square feet are eligible
for the Arts Bonus.
(c)Â
For the purpose of this section, the following shall be considered
Arts- and Culture-Related Uses:
(1)Â
Visual/performing arts. A for-profit business or
not-for-profit organization that presents live performances of theatre,
dance, music, or other imaginative work and/or produces or exhibits
physical works created by, or under the direction of one or more artists,
which are intended for unique production or limited reproduction,
including for-profit businesses and not-for-profit organizations involved
in instruction of arts and cultural forms.
(2)Â
Arts administration. A for-profit business or not-for-profit
organization that offers a technical and/or administrative support
function to the operation of an arts and cultural activity: marketing;
public relations; graphic design and publishing; booking and travel
services; internet and social media services; consulting and planning
services for arts and cultural activity; provision of technical equipment
and expertise related to arts performance and presentation.
(3)Â
Educational arts. Museums or historic sites, the
primary mission of which is education, history, or historic preservation,
shall also qualify as arts and culture organizations.
(4)Â
Arts dining. General consumer-oriented food retailers
such as restaurants, cafes, coffee and tea shops, and delicatessens.
(5)Â
Creative economy business. Those businesses whose
primary economic activities are the generation or utilization of innovation,
knowledge, and information involving individual creativity, skill
and talent which activities have a potential for wealth and job creation
through the generation of ideas, products and/or services. Standard
categories may include, but are not limited to: advertising, architecture,
art and antiques, designing computer games or software, culinary arts,
crafts, design, designer fashion, film and video, music, performing
arts, theatre, publishing, TV and radio.
(d)Â
Square footage and height bonus.
(1)Â
Projects that provide Arts and Culture-Related Uses are eligible for additional square feet above the 2nd story height limitation in accordance with Subsection 21-10.15 - Figure 23.
(2)Â
The following provides a justification for why
density bonuses vary based on principal entrance. In evaluating any
application for additional building height and/or additional square
footage bonus, the municipality should consider that:
(i)Â
Main Street has been envisioned as the major commercial
and residential street in Historic Bound Brook. The intensity of uses
and scale of development that exit onto this street should reflect
this. Additionally, Main Street is a wide thoroughfare that will accommodate
larger structures without adversely impacting access to light and
air.
(ii)Â
Hamilton Street has been envisioned as the principal
arts street, which justifies intensive arts use. However, it is not
the major thoroughfare in Historic Downtown Bound Brook and development
exiting onto it should respect the existing street character. As Hamilton
Street has a wide right-of-way, moderate height increases will not
adversely impact access to light and air.
(iii)Â
Maiden Lane and West 2nd Street are envisioned
as secondary arts streets with activities of moderate intensity that
support higher intensity development elsewhere in the district. The
street width of both these streets is considerably less than either
Main or Hamilton Street and will only support slight increases in
building height without impacting access to light and air.
|
21-10.15 - Figure 23. Square Footage and Height Bonus
| ||
|---|---|---|
|
Principal Entrance
|
Additional Square Feet Above 2nd Story
|
Maximum Building Height
|
|
Main Streeta
|
4:1 - Four square feet of Permitted Above Ground Floor Uses
for one square foot of Arts and Culture-Related Uses
|
5 stories or 70 feet
|
|
Hamilton Streetb
|
2:1 - Two square feet of Permitted Above Ground Floor Uses for
one square foot of Arts and Culture-Related Uses
|
4 stories or 54 feet
|
|
Maiden Lanea
W. 2nd Streetb
|
1:1 - One square foot of Permitted Above Ground Floor Uses for
one square foot of Arts and Culture-Related Uses
|
3 stories or 42 feet
|
|
a
|
Projects with corner entrances and lot lines that abut Main
Street and either Hamilton Street or Maiden Lane shall be eligible
for the Main Street bonus.
|
|
b
|
Projects with corner entrances and lot lines that abut Hamilton
Street and West 2nd Street shall be eligible for the Hamilton Street
bonus.
|
(e)Â
Accessory uses. No more than 25% of the Arts and Culture-Related
Use space used to obtain bonus space may be dedicated to accessory
uses, which for the purposes of this section shall include but are
not limited to educational and classroom space, non-primary rehearsal
space, administrative offices, lobbies, circulation space, ticket
offices, restrooms, dressing rooms, other backstage areas and equipment
space.
(f)Â
Developer's agreement. Any applicant seeking to benefit from
an Arts Bonus must execute a Developer Agreement with Borough Council
prior to submitting a site plan to the Planning Board. The Developer
Agreement shall specify the terms and conditions of the commitment
made by the applicant to affirmatively market the project to arts
and arts-related uses.
(g)Â
Certification. Bonuses shall be permitted only upon certification
by the Administrative Officer that the conditions set forth in this
code have been met.
(h)Â
Documentation. The applicant must provide the following:
(1)Â
Drawings clearly designating all floor area that
will result from the permitted bonus floor area.
(2)Â
Drawings clearly designating all floor area and/or
below grade floor space for any new Arts and Culture-Related Uses
for which a bonus is to be received. Such drawings shall be of sufficient
detail to show that such designated space shall be designed, arranged
and used for the new Arts and Culture-Related Uses.
(3)Â
Detailed plans regarding core, shell, structural,
mechanical, electrical, plumbing and HVAC systems necessary to ensure
that the Arts and Culture-Related Use space will operate efficiently
for its intended use.
(4)Â
Occupancy:
(i)Â
The owner must provide a signed lease from the
prospective operator of the Arts and Culture-Related Use space or
(ii)Â
In the case a space will be owned and occupied
by the same entity, a written commitment in a form acceptable to the
Planning Board stating the space will be used as a Arts and Culture-Related
Use space for a period of not less than five years.
(i)Â
Design.
(1)Â
The design of buildings used for Arts and Culture-Related
Uses should substantially align with the Facade Regulations outlined
in the Arts District place Character section. Nonetheless, applicants
proposing Arts and Culture-Related Use spaces may be granted variances
to these regulations if they can demonstrate to the satisfaction of
the Zoning Board of Adjustment that:
(i)Â
Such variances are required to successfully accommodate
the visual and performing arts uses.
(ii)Â
Such variances are consistent with the design
principles articulated in the Facade Regulations for the Arts District.
(iii)Â
Such variances are consistent with the principals
outline in paragraph b, Intent.
(2)Â
Additionally, building setbacks of 10 feet shall be required based on the following rules and as illustrated in Subsection 21-10.15 - Figure 24 - Arts District Building Setback Diagram:
(3)Â
Those stories stepped back from the facade plane
must conform to the following standards:
(i)Â
Building step-backs facades may be of a different
material than the Base.
(ii)Â
The rhythm of windows on the step-backed portion
should substantially match that of the rhythm of the windows on the
Shaft.
(iii)Â
All vertical bands should continue through the
step-backed portion of the building.
(iv)Â
The area between the building facade plane and
the step back facade may accommodate balconies.
(v)Â
Cornices or other horizontal band are encouraged
at the building step-back line. Cornices are required at the top of
the final story. Cornices will extrude a minimum of five inches and
a maximum of 12.
|
21-10.15 - Figure 24. Arts District Building Setback Diagram
Â
 |
|
21-10.15 - Figure 25. Arts District Building Setback Illustration
Â
 |
g.Â
Downtown residential district place character standards.
1.Â
Applicability. All regulations in paragraph g apply to parcels identified in Subsection 21-10.15 - Figure 1 as being in the Downtown Residential District. (Figure 1 may be found at the end of this subsection.)
2.Â
Intent. The intent of the Residential District Place Character Standards
is to regulate those areas in the B/R Zone which are not suitable
for commercial development but which, by nature of their proximity
to transit and commercial areas, are distinctly part of the Downtown.
3.Â
Allowable and prohibited primary and accessory uses.
(a)Â
Permitted and Prohibited Principal Uses can be found in Subsection 21-10.15 - Figure 26. If a use is not listed, it shall be presumed to be prohibited.
(b)Â
The following uses are explicitly prohibited in the Downtown
Residential District: new and used car lots, automotive rentals, repairs,
and sales, junk yards, gas stations, outdoor amusements, trailer camps;
warehouses and storage buildings, rooming and boarding houses, public
garages, adult entertainment, adult bookstores, go-go dancing establishments,
tattoo parlors, body piercing, tanning salons, pool halls, bail bondsmen,
pawn shops, and drive-in or drive-through establishments or facilities.
(c)Â
Permitted and Prohibited Accessory Uses can be found in Subsection 21-10.15 - Figure 27.
|
21-10.15 - Figure 26. Principal Uses in Residential District
| ||
|---|---|---|
|
KEY: P = Permitted; NP = Prohibited/Not Permitted
| ||
|
Ground Floor
|
Above Ground Floor
| |
|
Residential
| ||
|
Apartment/Condominium
|
P
|
P
|
|
Elderly care, extended care, special care
|
NP
|
NP
|
|
Live/Work (Artist)
|
P
|
P
|
|
Live/Work (Professional)
|
P
|
P
|
|
Single Family Detached
|
NP
|
NP
|
|
Townhouse Unit
|
P
|
P
|
|
Twin Unit
|
P
|
P
|
|
All Commercial Uses
|
NP
|
NP
|
|
All Institutional/Civic Uses
| ||
|
Club, lodge, or fraternal organization
|
P
|
P
|
|
Cultural Uses (museum/gallery/library)
|
P
|
P
|
|
House of Worship
|
P
|
P
|
|
Cemeteries
|
P
|
—
|
|
All Industrial Uses
|
NP
|
NP
|
|
21-10.15 - Figure 27. Accessory Uses in Residential District
| |
|---|---|
|
KEY: P = Permitted; NP = Prohibited/Not Permitted
| |
|
Accessory Apartment
|
P
|
|
Carport
|
P
|
|
Private Garage
|
P
|
|
Storage Shed
|
NP
|
|
Parking Deck
|
NP
|
|
Surface Parking Lot
|
P
|
|
Sidewalk Cafe
|
NP
|
|
Home Occupation
|
P
|
|
Street Furniture
|
P
|
|
Porches
|
P
|
|
Balconies
|
P
|
|
Signs
|
21-10.15.i
|
|
Loading Zones
|
NP
|
|
Drive-through Facility
|
NP
|
4.Â
Building height.
(a)Â
The standards in this section legalize the existing fabric to
allow for renovations and adaptive reuse of structures; discourage
extensive demolition and redevelopment of existing structures and
protect the historic fabric; and promote the goals and objectives
of the Downtown Urban Design Plan.
(b)Â
Maximum building height shall be 2.5 stories or 35 feet, whichever
is the lesser.
6.Â
Side yard standards.
(a)Â
No side yards are required except when a nonresidential use
abuts a residential use.
(b)Â
When a nonresidential use abuts a residential zone, the nonresidential
use must provide a minimum ten-foot side yard setback and include
plantings or other screening devices that will effectively protect
the privacy of the residents.
7.Â
Rear yard setback.
(a)Â
All buildings shall be built with a minimum ten-foot rear yard
setback except when a nonresidential use abuts a residential use.
(b)Â
When a nonresidential use abuts a residential use, that yard
must have twenty-foot rear yard setback and include plantings or other
screening devices that will effectively protect the privacy of the
residents.
8.Â
Parking.
(a)Â
In addition to the regulations outlined in this section, all
parking must conform to paragraph j, Parking.
(b)Â
Parking decks are not permitted as an accessory or principal
use in the Downtown Residential District.
(c)Â
Parking is not allowed in the front yard. If located in the
side yard, parking garages and carports must be set back from the
principal building 20 feet.
9.Â
Building types.
(a)Â
The following building types are allowed in this district. All
buildings must conform to paragraph h.
|
21-10.15 - Figure 28. Building Type in Downtown Residential
District
| ||
|---|---|---|
|
KEY: P = Permitted; NP = Not Permitted
| ||
|
Minimum Lot Size
(square feet)
| ||
|
Civic
|
P
|
5,000
|
|
Commercial Office Building
|
NP
|
5,000
|
|
Detached Single Family
|
NP
|
4,000
|
|
Liner Building
|
NP
|
3,500
|
|
Live/Work
|
NP
|
2,000
|
|
Mix Use
|
NP
|
7,500
|
|
Parking Deck (with Liner Building)
|
NP
|
15,000
|
|
Residential Elevator Flat
|
P
|
10,000
|
|
Townhouse
|
P
|
1,500
|
|
Twin
|
P
|
3,000
|
|
See Subsection 21-10.15.h for detailed explanation of building
types
| ||
h.Â
Building types.
1.Â
Civic. A building that may contain governmental, arts, institutional,
or religious uses. They are significant buildings with unique design
characteristics, public art installations, and/or public space areas.
Examples include courthouses, government administration offices, theaters
and museums. They do not contain residential or industrial uses. Permitting
a civic building in a sub-district does not permit all uses associated
with civic structures. Uses of civic buildings shall be governed by
the Uses section of this code.
 |
2.Â
Commercial office building. A building devoted solely to commercial
uses. They may be designed as walk-ups or elevator buildings depending
on the number of floors. The ownership structure may be condominium
or rental. Common entrances and other spaces may be shared.
 |
3.Â
Detached single-family. A detached single-family unit on its own
individual lot designed for or used exclusively by one family.
 |
4.Â
Liner buildings. A building that separates the exteriors of large
structures such as parking garages, movie theaters or supermarkets
from the street. They allow large, blank facades to be screened by
pedestrian-scaled uses. The building may be attached or integrated
into the larger structure, or sit in front of it, with separations
dictated by building codes. Individual unit access is to be principally
provided from the primary street.
 |
5.Â
Live/work. A hybrid commercial/residential building with a ground-floor
business and upper- floor dwelling unit(s). Traditionally, the upper
floor residential unit is occupied by the proprietor of the commercial
establishment. Live/work buildings may not exceed three stories. Building
may be new infill construction or a conversion of an existing structure.
Elevators are not required.
 |
6.Â
Mixed use. A building that includes more than one use in a single
structure. Typically, an active use occupies the ground floor and
residential or office uses occupy the floors above. Upper floor uses
must be provided from a common corridor. Common lobby elevators are
required.
 |
7.Â
Parking decks. A building or part thereof designed specifically for
automobile parking and where there are a number of floors or levels
on which parking takes place. Parking decks are to be located internal
to a block and require a Liner Building. Parking Decks are required
to meet all design and buffer requirements of this code.
 |
8.Â
Residential elevator flat. A residential building containing two
or more dwelling units attached at one or more common roofs, walls
or floors. Typically, the unit's habitable area is provided on a single
level with entrances provided from a common corridor. A common lobby
and elevators are required when more than one story is built.
 |
9.Â
Townhouse. A one-family dwelling unit attached horizontally with
other dwelling units in a linear arrangement. They are located on
individual lots and are separated from other dwelling units by an
approved wall, extending from the foundation through the roof that
is structurally independent of the corresponding wall of the adjoining
unit. They have a totally exposed front and rear wall to be used for
access, light and ventilation. A variation of the Townhouse is the
Stacked Townhouse, with two, similarly sized one-family dwelling units
integrated into the footprint of a Townhouse.
 |
10.Â
Twin. A one-family dwelling unit with a private entrance, attached
horizontally with one other dwelling unit in a linear arrangement.
They are located on individual lots and are separated from the other
dwelling unit by an approved wall, extending from the foundation through
the roof that is structurally independent of the corresponding wall
of the adjoining unit. They have a totally exposed front, rear and
side wall to be used for access, light and ventilation.
 |
i.Â
Signs.
1.Â
Relationship to other sign standards. Where there is a conflict between the provisions of this section and those elsewhere in the Borough of Bound Brook Code, the sign standards and requirements within this section shall take precedence in the B/R Zone, in particular in relation to Subsection 21-10.5 - Signs.
2.Â
Sign area calculation. The area for a sign is calculated as follows:
(a)Â
The area of a sign shall be computed as the total square footage
of the background upon which the lettering, illustration or display
is presented, including any base support or frame.
3.Â
Maintenance. All signs shall be maintained in good condition. Faded,
torn, yellowed, crooked or other deteriorated or unsightly signs are
not permitted, and shall be removed. Clear adhesive materials, only,
shall be used to mount temporary signs, and adhesives must be removed
when the sign is removed. No duct tape or similar opaque adhesives
shall be permitted. If a sign is not in good condition, it must be
removed at the request of the Zoning Officer.
4.Â
Review and approval. Unless otherwise stated, the Zoning Officer
shall review and grant/deny zoning permits for all signs, including
temporary signs and permanent freestanding signs on existing developed
sites where the sign conforms to all the requirements of this subsection,
or for replacement or relocation of existing permanent freestanding
signs where the sign conforms to all the requirements of this subsection,
in accordance with the regulations contained in this subsection, for
signs on existing developed properties for which no change to the
site other than the sign is being proposed, and if the proposed sign
conforms to all regulations in this subsection. If the sign does not
conform to the provisions in this subsection, the applicant must obtain
a variance from the Zoning Board of Adjustment.
[Amended 4-10-2018 by Ord. No. 2018-06]
5.Â
Wall signs.
[Amended 4-10-2018 by Ord. No. 2018-06]
(a)Â
Wall signs, also known as flat or band signs, are mounted directly
to the building face and run parallel to the facade. They may also
be placed with a vertical orientation.
(b)Â
A wall sign's lettering, logos, and symbols must be mounted
to a backing; letters may not be directly mounted to the facade; however,
letters, symbols, or graphics may be installed without a signboard,
provided they are mounted on a proper backing.
(c)Â
Signs should be proportional to the building facade as a whole.
The ratio of the horizontal dimension to the vertical dimension, on
a horizontal sign, shall not exceed 10:4; and the ratio of the vertical
dimension to the horizontal dimension, on a vertical sign, shall not
exceed 10:4. The overall area of the sign may not exceed 40 square
feet.
(d)Â
Electronic message and manually changeable copy boards are not
allowed.
(e)Â
Wall signs shall not cover windows, other building openings,
or existing architectural building features.
(f)Â
A sign that is painted onto the building facade displaying the
business name or activity is not permitted. Such a sign requires a
variance from the Zoning Board of Adjustment.
(g)Â
Signs should, to the best ability of the applicant, be in line
with signs on adjacent buildings.
(h)Â
Additional regulations pertaining to signage in that portion of the
B/R District that is also in Redevelopment Area 1 can be found in
the Redevelopment Plan for Area 1.
|
21-10.15 — Figure 30. Wall Sign Requirements
| |
|---|---|
|
Permitted on the following Building Types
|
Mixed Use, Civic, Commercial Office Building, Liner Building
|
|
Sign Area
|
The area of a sign shall not exceed 1 square foot for each linear
foot of store facade frontage. Buildings with frontage on more than
one street may have a full-size sign facing the major street and a
smaller sign, not exceeding 50% of the size of the full-size sign,
facing the minor street(s)
|
|
Sign Height
|
2' maximum letter or element height
|
|
Location on the Building
|
Permitted on all facades that face a right-of-way. Not permitted
above the Expression Line that distinguishes between the Base and
Shaft (see Applicable Place Character Standards) except for vertical
signs
|
|
Projection
|
1 foot maximum
|
|
Quantity
|
1 per tenant per public Right-of-Way frontage
|
|
Internal Illumination
|
Prohibited
|
|
Rear Illumination
|
Permitted with LED lighting
|
|
Base Materials
|
Wood, wood substitute, masonry, high quality synthetics, metal
|
|
Materials
|
Wood, wood substitute, metal, masonry, plastic, high quality
synthetics, glass
|
|
21-10.15 - Figure 31. Illustrative Wall Sign
Â
 |
6.Â
Projecting signs.
[Amended 4-10-2018 by Ord. No. 2018-06]
(a)Â
A Projecting Sign is attached to and projects from a building
facade or hangs from a support structure attached to the building
facade.
(b)Â
Projecting signs must be mounted perpendicular to the building
face.
(c)Â
Lettering and/or symbols shall only appear on two opposing sides
of a Projecting Sign.
(d)Â
Projecting signs may be horizontally or vertically oriented.
|
21-10.15 — Figure 32. Projecting Sign Requirements
| |
|---|---|
|
Permitted on the following Building Types
|
Mixed Use, Civic, Liner Building
|
|
Sign Dimensions
|
The sign shall be a maximum of six feet vertical dimension by
two feet horizontal dimension and a maximum of 1 foot thick
|
|
Location on the Building
|
Permitted on all facades that face a right-of-way. Not permitted
above the Expression Line defining the Base of a structure. Signs
or structural supports may not extend above the eave, cornice, or
parapet. Light from lighted signs may not intrude into any upper floor
windows
|
|
Distance from Sidewalk
|
Ideally, the bottom of the sign should be at 7 feet 6 inches
and should coordinate with awning location. Bottom of sign shall not
be below 7 feet under any circumstances
|
|
Projection
|
Maximum projection from the building is 5 feet
|
|
Quantity
|
1 per tenant per public Right-of-Way frontage. Buildings with
frontage on more than one street may have a full-size sign facing
the major street and a smaller sign, not exceeding 50% of the size
of the full-size sign, facing the minor street(s)
|
|
Internal Illumination
|
Permitted
|
|
Rear Illumination
|
Permitted with LED lighting
|
|
Base Materials
|
Wood, wood substitute
|
|
Lettering/Symbol Materials
|
Wood, wood substitute, metal, plastic, synthetics, glass
|
|
Mounting Material
|
Wrought iron, stainless steel or painted black metal with concealed
mounting hardware
|
|
21-10.15 - Figure 33. Illustrative Projecting Sign
Â
 |
7.Â
Awning signs.
(a)Â
An awning sign is any sign that is mounted, painted, or otherwise
applied on or attached to an awning.
(b)Â
Signs mounted on awnings must comply with awning standards in
paragraph d,8.
|
21-10.15 - Figure 34. Awning Sign Requirements
| |
|---|---|
|
Permitted on the following Building Types
|
Mixed Use, Civic, Liner Building
|
|
Sign Size
|
Up to 50% of an awning may be use for signage
|
|
Height
|
Signs may not substantially change the height of the awning
|
|
Distance from Sidewalk
|
See awning regulations (21-10.15.d,8.)
|
|
Quantity
|
1 per tenant per public Right-of-Way frontage
|
|
Sign Materials
|
Cloth, canvas, paint, plastic, synthetics
|
|
Internal Illumination
|
Prohibited
|
|
21-10.15 - Figure 35. Illustrative Awning Sign
Â
 |
8.Â
Window signs.
(a)Â
A window sign is posted, painted, placed, or affixed in or on
a window exposed for public view or is a sign hung inside the building
facing the window for public view.
(1)Â
Businesses may display window signs in ground floor
windows, including glass doors, for the advertising of goods and services
available on the premises. Such signs shall be placed only on the
interior of the windows.
(2)Â
Window signs shall not exceed 20% of any window,
window panel, or glass area on any building. Community event signs
are not included in this limitation, but total sign coverage in no
case shall exceed 50% in any window.
(3)Â
Window signs with an area greater than eight square
feet require a zoning (sign) permit which may be approved by the Administrative
Officer. The permit for a sign must be available for inspection on
the premises during all times that the sign is displayed. The permit
number and date shall be written clearly on a lower back corner of
the sign.
(4)Â
Window Lighted Signs are permitted, subject to
the following regulations.
(i)Â
Each commercial establishment may display one distinct
box-type, tubular/neon or composite LED portable lighted sign per
ground floor window panel.
(ii)Â
Maximum area of each portable lighted sign shall
be four square feet, with a three-foot maximum in any dimension, but
total window coverage of sign(s) of any kind shall not exceed 20%
per window.
(iii)Â
Power cords and other electrical components shall
be minimized as to visibility from outside the building, to the extent
practicable. Excess cord shall be out of sight from the building exterior.
(iv)Â
Each establishment is limited to one "open" sign.
(v)Â
No blinking, moving lights, or changing displays
shall be permitted.
(vi)Â
Lighted signs require a permit and shall not be
permitted above the ground floor level.
|
21-10.15 - Figure 36. Illustrative Window Sign
Â
 |
9.Â
Additional signs.
(a)Â
A-Frame signs.
(1)Â
Portable "A-Frame" Signs. Each ground floor commercial
establishment may display one portable A-frame sidewalk sign; only
if the positioning of such sign allows for a minimum of five feet
of clear adjacent walkway/sidewalk access in the pedestrian areas
associated with the building and does not block parking, parking meters
or other public amenities, or obscure vision for traffic. A zoning
(sign) permit shall be required for an A-frame sign.
(2)Â
The A-frame sign display surfaces shall be made
of dark-colored writable/erasable materials only, such as slate, "dry
erase" board, or a dark surface covered by Plexiglas, on which erasable
writing can be displayed.
(3)Â
Maximum dimensions of each side panel shall be
two feet wide by three feet high.
(4)Â
No paper or other materials shall be affixed to
the exterior surface of the A-frame sign.
(5)Â
No other portable standing signs are permitted.
(6)Â
The sign shall be maintained in good condition,
as identified in paragraph i.3.
(7)Â
The sign may be displayed outdoors only during
hours the establishment is open for business.
(b)Â
Temporary window signs. Establishments may display temporary
signs, as follows:
(1)Â
Temporary window signs are allowed for a total
of 45 days.
(2)Â
Temporary window signs must comply with all window
sign regulations.
(3)Â
If a temporary sign is not in good condition, it
must be removed at the request of the Zoning Officer, whether or not
it has been displayed for a full 45 days.
(4)Â
Clear adhesive materials, only, shall be used to
mount temporary signs, and adhesives must be removed when the sign
is removed. No duct tape or similar opaque adhesives shall be permitted.
(c)Â
Marquee sign.
(1)Â
A Marquee sign is a projecting sign typically associated
with theaters and designed to have manually changeable copy, electronic
components, or is highly illuminated.
(2)Â
Marquee Signs are conditionally allowed on Movie
Theaters and Live Entertainment venues, subject to Planning Board
Design Review.
j.Â
Parking.
1.Â
Intent.
(a)Â
It is the purpose of these parking standards to ensure that
each development in the B/R District has adequate access to sufficient
parking to serve the demand generated by the use(s) on each site while
at the same time contributing to optimal use of the collective parking
supply within the B/R District as a whole and supporting goals for
the district to achieve an economically vibrant, walkable, mixed-use,
sustainable environment that accommodates many means of travel. Additionally,
these parking standards are intended to promote an efficient supply
of parking in the B/R District that fosters both public- private partnerships
for parking as well as shared parking among developments.
(b)Â
The standards for the B/R District reduce the requirements from
the baseline suburban oriented standards in recognition that:
(1)Â
Extensive sharing of parking among nearby land
uses can occur; that
(2)Â
A majority of travel to and between land uses within
the district could be independent from an automobile; and
(3)Â
An array of public parking facilities and regular
transit service greatly reduces the need for independent parking for
individual land uses.
2.Â
Relationship to other parking standards. Where there is a conflict
between the provisions of this section and those elsewhere in the
Borough of Bound Brook Code, the parking standards and requirements
within this section shall govern.
3.Â
Parking ratios. Parking shall be provided and maintained in connection with the proposed use(s) of all buildings or structures; such spaces are to be provided as detailed in Subsection 21-10.15 - Figure 37. Where the specific use is not listed in Subsection 21-10.15 - Figure 37, the requirements for the closest similar use shall apply as determined by the Planning Board.
[Amended 8-25-2020 by Ord. No. 2020-19]
|
21-10.15 - Figure 37. Parking Ratios
| ||
|---|---|---|
|
GFA = gross square feet of floor area
| ||
|
Principal Use
|
Minimum # Spaces
|
Maximum # Spaces
|
|
Residential - Stand alone
|
1 per 1 bedroom
|
1 per 1 bedroom
|
|
1.5 per 2 bedrooms
|
1.5 per 2 bedrooms
| |
|
2 per 3 bedrooms or more
|
2 per 3 bedrooms or more
| |
|
Residential in mixed-use development
|
1 per 1 bedroom
|
1 per 1 bedroom
|
|
1.5 per 2 bedrooms
|
1.5 per 2 bedrooms
| |
|
2 per 3 bedrooms or more
|
2 per 3 bedrooms or more
| |
|
Retail/Commercial
|
1 per 1,000 GFA
|
3 per 1,000 GFA
|
|
Restaurants
|
1 per 400 square feet dining space
|
1 per 200 square feet dining space
|
|
Office
|
1 per 1,000 GFA
|
1 per 500 GFA
|
|
Theater
|
1 per every 6 seats
|
1 per every 3 seats
|
|
Entertainment
|
1 per 1,000 GFA
|
3 per 1,000 GFA
|
|
Hotel/Inn
|
0.50 per guest room
|
1 per guest room
|
|
House of Worship
|
1 per every 6 seats
|
1 per every 3 seats
|
|
Education/Library
|
1 per 1,000 GFA
|
3 per 1,000 GFA
|
|
Institutional/Civic Uses
|
1 per 1,000 GFA
|
3 per 1,000 GFA
|
(a)Â
Applicants interested in reducing the required number of off-street
parking spaces and/or are interested in providing them off-site should
consult the following sections:
4.Â
Pre-existing uses.
(a)Â
This section recognizes the special circumstances surrounding
parking with respect to the adaptive reuse of existing structures
and to promote the efficient addition of supplemental parking to serve
changes in use while at the same time enabling more intensive land
use in the B/R District.
(b)Â
Any structure or land use lawfully in existence prior to the
adoption of this section shall not be subject to its parking requirements
as long as the kind or extent of use is not changed, and provided
further that any parking facilities now serving such structures shall
not in the future be reduced.
(c)Â
Any existing use changed to a different and/or more intense use shall use the following formula to calculate their parking requirement: In addition to the number of spaces currently provided, the proposed use shall only be required to add the difference between the number of required parking spaces for the existing use and the required parking spaces for the proposed use, in accordance with the ratios established in Subsection 21-10.15 - Figure 37. The property owner shall be grandfathered with respect to existing parking deficits. See Subsection 21-10.15 - Figure 39 for an illustrative example and formula.
|
21-10.15 - Figure 39. Existing Use Parking Example
| ||||
|---|---|---|---|---|
|
Existing Number of Off-Street Spaces Provided
|
Minimum number of spaces required for existing use in
[proposed] code
|
Minimum number for proposed use
|
Minimum number of total spaces required for proposed use
|
Number of spaces
|
|
3
|
7
|
17
|
8
|
4
|
|
A
|
B
|
C
|
C-B+A
|
B-R
|
5.Â
Employee parking. There is no minimum number of parking spaces required
for employee parking in the B/R District. Notwithstanding this, if
the Planning Board determines that employee parking is needed to serve
the proposed use(s) on a site; such spaces shall be provided at a
rate of no more than one space per two employees. A minimum of 50%
of all employee parking spaces required by the Planning Board must
be provided off-site within 900 feet of the use.
6.Â
Handicapped parking. All off-street parking areas shall include paved,
handicapped accessible parking spaces as may be required by Federal
and State laws and regulations. Accessible parking spaces shall be
at least 96 inches wide. Handicap accessible parking spaces and access
aisles shall be level, not exceeding 2% slope in all directions. Handicap
accessible parking spaces shall be provided in the following amounts
relative to the total number of spaces provided in the parking area,
unless otherwise determined by Federal and State laws and regulations.
|
21-10.15 - Figure 38. Handicapped Parking
| |
|---|---|
|
Total Parking Spaces in Lot
|
Required Accessible Spaces
|
|
1-25
|
1
|
|
26-50
|
2
|
|
51-75
|
3
|
|
76-100
|
4
|
|
101-150
|
5
|
|
151-200
|
6
|
|
201-300
|
7
|
|
301-400
|
8
|
|
401-500
|
9
|
|
501-1,000
|
2% of total
|
|
1,001 and over
|
20 plus 1 for each 100 over 1,000
|
7.Â
Bicycle parking.
(a)Â
A minimum of one bicycle parking space shall be provided for
each 10 off-street automobile parking spaces within the B/R District.
All bicycle parking spaces shall be provided in the form of bicycle
racks with locking capability. Bicycle parking facilities shall be
designed and installed to include:
(1)Â
Spaces that are a minimum of two feet by six feet
per bicycle.
(2)Â
The minimum number possible of potential conflict
points between bicycles and motor vehicles.
(3)Â
Lighting.
(4)Â
Provision for locking of bicycles to the rack or
bicycle locker.
(5)Â
Adequate spacing for access to the bicycle and
locking device when the spaces are occupied.
(6)Â
Where possible, bicycle parking shall be located
within view of building entrances or in view of windows, and/or security
personnel stations.
(7)Â
Bicycle parking facility design shall complement
the buildings and landscape design in the B/R District as a whole.
(b)Â
Bicycle, pedestrian, and transit connections and access. It
is the intent of these regulations to promote and support access by
bicycle and walking throughout the community. To this end, all parking
lots must be designed to provide safe and convenient pedestrian and
bicycle access as a part of any parking lot design. Motor vehicle
parking areas shall be located, designed and constructed to facilitate
safe and convenient pedestrian and bicycle movement to and from public
walkways and/or bikeways, streets, or transit stops.
8.Â
Dedication to the Borough.
(a)Â
Applicants are encouraged to enter into shared parking agreements
with the Borough for shared public-private use of their parking spaces.
Required off-street parking spaces, or facilities, which, after development,
are dedicated to the Borough for use as public parking, shall be deemed
to continue to satisfy the parking requirements for the private uses
for which they were originally provided. Where a developer dedicates
a portion of spaces on his/her site for public parking, he/she shall
be eligible for the waivers detailed in paragraph j.17.
(b)Â
In recognition of the benefits that district wide shared parking
can have on reducing the number of required parking spaces, any applicant
with more than 10 required spaces who permanently dedicates 30% or
more of their parking lot to public use shall receive a 10% reduction
in parking requirements. Applicants with less than 10 spaces but more
than five spaces who dedicate their lot to the Borough may request
a waiver of all of their required parking.
(c)Â
All applicants dedicating any portion of their lot to the Borough
must agree to allow for signage [to be provided by the Borough] that
prominently indicates the spaces are open to the public.
9.Â
Shared parking.
(a)Â
Applicability.
(1)Â
On a site where a building or buildings are used
for two or more purposes, the applicant shall refer to this shared
parking section to determine the application's off-street parking
requirements.
(2)Â
Applicants are also encouraged to utilize the shared
parking methodology to determine their off-street parking requirements
where there are adjacent properties (within 900 feet) with parking
demand at times of day that vary from those of the principal use(s)
on the site and where a shared use parking agreement can be established
among those nearby properties.
(b)Â
Calculating shared parking:
(1)Â
The number of required spaces for two or more land
uses shall be determined by the following procedure:
(i)Â
Establish baseline. Determine the minimum amount
of parking required for each individual use, as set forth in paragraph
j.3.
(ii)Â
Factor in occupancy rates. For each of the six
time periods in the table below, multiply the minimum parking required
for each individual use by the appropriate percentage indicated in
the table below.
(iii)Â
Add. Sums each of the six columns individually.
(iv)Â
Determine minimum and maximum parking requirement.
Select the time period (column) with the lowest total parking requirement
and use that total as the minimum shared parking requirement for the
collective uses. Then, select the time period (column) with the highest
total parking requirement and use that total as the maximum shared
parking requirement for the collective uses.
|
21-10.15 - Figure 40. Occupancy Rates
| ||||||
|---|---|---|---|---|---|---|
|
Monday - Friday
|
Saturday & Sunday
| |||||
|
8:00 a.m. - 6:00 p.m.
|
6:00 p.m. - Mid
|
Mid - 8:00 a.m.
|
8:00 a.m. - 6:00 p.m.
|
6:00 p.m. - Mid
|
Mid - 8:00 a.m.
| |
|
Education
|
55%
|
85%
|
10%
|
95%
|
80%
|
0%
|
|
Entertainment
|
55%
|
85%
|
10%
|
80%
|
100%
|
10%
|
|
Institutional
|
100%
|
40%
|
5%
|
10%
|
10%
|
5%
|
|
Office
|
100%
|
5%
|
5%
|
15%
|
5%
|
5%
|
|
Theater
|
50%
|
95%
|
0%
|
60%
|
100%
|
0%
|
|
Religious
|
20%
|
40%
|
5%
|
100%
|
50%
|
5%
|
|
Residential
|
60%
|
100%
|
100%
|
80%
|
100%
|
100%
|
|
Restaurant
|
70%
|
100%
|
10%
|
70%
|
100%
|
20%
|
|
Retail/ Commercial
|
90%
|
80%
|
5%
|
100%
|
70%
|
5%
|
(c)Â
Enforcement. The shared parking plan will be enforced through
a legally binding agreement among all owners of record. The owner
of the shared parking area shall enter into a written developer's
agreement with the Borough. The agreement must state that the parking
area shall never be disposed of except in conjunction with the sale
of the building(s) which the parking area serves so long as the facilities
are required; and that the owner agrees to bear the expense of recording
the agreement and such agreement shall run with the land (bind his
heirs, successors, and assigns). An attested copy of the agreement
between the owners of record shall be submitted to the Borough Attorney
for review and recordation. Recordation of the agreement must take
place before issuance of a building permit or certificate of occupancy
for any use to be served by the shared parking area. A shared parking
agreement may be revoked only if all required off-street parking spaces
will be provided on-site for each use in accordance with the off-street
parking schedules in this section. The written agreement may be voided
by the Borough if other off-street public facilities are provided
in accord with these zoning regulations.
|
Note: The following is an example of how to calculate shared
parking for three properties: a residential building with 10 code
required parking spaces, an office building requiring 15 spaces, and
a religious institution requiring 10 spaces.
The total number of spaces required in a shared lot to accommodate
these three uses is 23.
|
(d)Â
Change in use. Where the uses subject to a shared parking agreement
change, the Planning Board may require a revised shared parking study,
at the property owner's expense. If that study indicates that additional
parking may be necessary, the Planning Board shall have the authority
to require a new shared parking agreement.
(e)Â
Reduction in spaces. The Planning Board may approve a request
for a reduction in the number of required shared-use spaces if all
of the conditions listed below are satisfied:
(1)Â
Each parking space is usable by any visitor; that
is, no restrictions have been placed on the use of the spaces.
(2)Â
The reduction in parking is no greater than 20%.
(3)Â
The applicant can demonstrate with a parking analysis
that parking demand for the collective uses can be met with fewer
spaces.
(f)Â
Shared parking location.
(1)Â
Off-street shared parking spaces shall be located
on the same lot as the use requiring the most parking, unless otherwise
approved by the Planning Board. Regardless, the shared use parking
spaces must be within 900 feet of all associated uses.
(2)Â
The applicant may also obtain a portion of their
parking from a municipal parking facility, provided that agreements
among all owners and the Borough for a shared use have been established
and satisfied as stipulated in paragraph j9 of this ordinance. The
municipal parking facility must be within 900 feet of the use(s) intending
to obtain a portion of parking there.
10.Â
Fee-in-lieu of parking program.
(a)Â
Within the B/R District off-street parking requirements may
be satisfied by payment of an in-lieu parking fee at a rate as established
by Borough Council.
(b)Â
Current fee-in-lieu of parking amounts shall be detailed in
a Parking Fees Schedule maintained by the Borough Clerk's Office.
(c)Â
Payment shall be based on estimated current land and construction
costs.
(d)Â
Payment shall be made before issuance of a Certificate of Occupancy.
(e)Â
Fee revenue shall be deposited in the Borough Parking Fund designated
solely for the purpose of constructing, expanding, repairing, and
enhancing municipal parking facilities or local (non-regional rail)
transit.
(f)Â
A Fee-in-Lieu of Parking shall not be understood to provide
the property owner with a dedicated parking space. Instead, an applicant
offering a fee-in-lieu of parking shall coordinate with the Borough
Parking Utility and the Borough Planner to obtain assurances that
there is sufficient municipal parking available to support the proposed
use(s). The agreed upon plan for parking shall be included with the
application to the Planning Board.
(g)Â
Any off-street parking supplied in this manner shall run with
the land (not be invalidated by change in ownership), and any subsequent
change in use that requires more parking shall require subsequent
action by the developer/applicant to satisfy any additional parking
requirements. No refund of any fee-in-lieu of parking shall be made
when there is a change in use requiring less parking.
11.Â
Off-Site Parking. An off-site facility may be utilized to meet
the required parking subject to the following conditions:
(a)Â
The off-site parking is located within 900 feet of the associated
use(s).
(b)Â
Such off-site parking area shall be in the same ownership as
the property it is intended to serve or under long-term lease agreement
(15 years or more); unless occurring under a shared parking agreement
as described in paragraph j.9.
(c)Â
There are adequate pedestrian pathways (either path or sidewalk)
safely connecting the off-site parking to the associated use.
(d)Â
Any off-street parking supplied in this manner shall run with
the land (not be invalidated by change in ownership), and any subsequent
change in use that requires more parking shall require subsequent
action by the developer/applicant to satisfy any additional parking
requirements.
(e)Â
Adequate signage, as determined by the Planning Board, is clearly
visible from the street indicating the uses that the parking lot services.
12.Â
Pedestrian access design standards. Provision for safe and convenient
pedestrian access shall be incorporated into landscaping plans for
any parking area. Any parking lot designed, constructed, and maintained
as part of a development must be designed such that the flow of pedestrians
can be directed through a clear hierarchy of convenient routes that
bring them to central walkways leading to main entrances and also
connect them to adjacent public walkways or sidewalks off-site. This
hierarchy should be reinforced through:
(a)Â
Safe separation of all walkways from motor vehicle traffic.
(b)Â
Provision of safe, well-articulated pedestrian crossings.
(c)Â
Inclusion of plantings, benches, and lighting along walkways.
(d)Â
Design, construction and maintenance shall accommodate disabled
individuals per Americans with Disabilities Act (ADA) requirements.
13.Â
Parking garages and decks. Parking garages and decks are regulated
in the Place Character Standards section of the B/R Zone.
14.Â
Parking lot design and landscape amenities.
(b)Â
Any surface parking which is not separated from a public right-of-way
by a building must incorporate a green edge between the right-of-way
and the parking. That green edge must include:
(1)Â
A wall between two feet and three feet high that
matches or complements the architectural style of the building associated
with the parking lot. The wall shall extend the entire length of the
parking lot that abuts the street with the exception of those areas
used for ingress and egress.
(2)Â
Landscaping in the form of foundation plantings,
grass and flowers. Additionally, applicants should consider shade
trees and pedestrian amenities such as benches.
(c)Â
Parking lots may not be in located in front yards. Other yard
regulations vary by Place Character District.
15.Â
Low-impact development.
(a)Â
In all districts, off-street parking provided and maintained as paved/impervious surface shall be counted as part of the allowable lot coverage. Parking areas composed of pervious surfaces are encouraged and may be provided to meet all or part of any required parking spaces on a lot. Eighty percent of such pervious surfaces shall not be counted as part of the overall allowable lot coverage specified in Subsection 21-10.26 of these regulations.
(b)Â
Measures that shall be considered to reduce the amount of impervious
surfaces in all proposed parking lots include:
(c)Â
Stormwater management. All projects in the B/R district are
encouraged to use NJDEP's Best Management Practices to minimize, treat,
and/or reduce degradation of water quality and flooding potential
due to stormwater runoff from parking facilities.
16.Â
Reserved parking. Where a phased development is proposed, the
applicant may set aside land for use for future parking which shall
not be required to be improved until such time as the future phases
of development are completed and associated parking demand occurs.
Such reserved parking area shall be maintained in grass or landscaping
and may be used for temporary uses, subject to appropriate permits
and review and approval from the Administrative Officer. The applicant
must provide a parking demand analysis that demonstrates the change
in parking demand over time for a set-aside of reserved parking to
be approved.
17.Â
Waivers and Exceptions.
(a)Â
Exceptions. The Planning Board may grant exceptions to these
standards whenever an applicant provides compelling evidence of special
circumstances or presents a better solution, consistent with the adopted
Downtown Urban Design Plan, without requiring the applicant to satisfy
the criteria enumerated in N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-70d.
(b)Â
Parking in excess of the maximum. Parking lots may contain more
spaces than the required maximum where an applicant provides compelling
evidence of special circumstances, enters into an agreement with the
Borough for public use of 30% or more of the spaces, and presents
a better solution for parking design, consistent with the adopted
Downtown Urban Design Plan, and as approved by the Planning Board.
(c)Â
The Planning Board shall grant a special permit to allow parking
in excess of the stated maximum only upon making the following determinations:
(1)Â
Reasonable parking and transportation demand management
measures are being implemented to reduce the need for the additional
off street parking;
(2)Â
The additional spaces reflect parking demand that
exceeds that which is common for this use owing to unique characteristics
of the users or the activity that result in a high level of automobile
parking demand;
(3)Â
The additional parking will provide positive environmental
or other benefits to the users of the lot, to the neighborhood and
the Borough which outweigh adverse effects, after consideration of
the following: congestion, traffic increases on residential streets,
danger to public safety or deterioration of travel conditions for
pedestrians, cyclists or users of public transit.
(d)Â
Parking for permitted residential uses in the B/R District may,
at the discretion of the Planning Board and in conjunction with a
site plan and/or subdivision application, be granted relief from the
off-street parking requirements, provided credible evidence is presented
that the parking needs of such uses can be met by existing on-street
spaces and off-street public or private parking lots. The Planning
Board may require written authorization of the owners of such off-street
parking lots that the specified number of parking spaces in the targeted
lot is available and will be designated for daily or overnight parking
for the residents of such a use.
(e)Â
Shared public-private parking. Where an applicant enters into
an agreement with the Borough or its Parking Utility to create a shared
public-private parking facility, the minimum setback requirements
and maximum lot coverage requirements for the site shall be waived,
if the applicant can offer a site design consistent with the intents
and purposes of the Downtown Urban Design Plan; can demonstrate that
no adverse effects on the environment or adjacent residential areas
would occur; and subject to review by the Borough Planner and approval
of the Planning Board.
k.Â
ARTISANAL WORKSHOP
ARTS ADMINISTRATION
ARTS DINING
AWNING
BAR
BED AND BREAKFAST
BOARDINGHOUSE or LODGING HOUSE
BUILDING TYPE
BUSINESS SERVICES
CHILDCARE CENTER
CIVIC BUILDING
CIVIC SPACE
CLUB, LODGE OR FRATERNAL ORGANIZATION
COFFEE SHOP
COMMERCIAL BUILDING
COMMUNITY FACILITY
COMPLETE STREETS
CONVALESCENT HOME or NURSING HOME
CORNICE
CRAFT STORE
CREATIVE ECONOMY BUSINESS
DISPLAY WINDOWS
DRIVE-THRU FACILITY
EDUCATIONAL ARTS
EDUCATIONAL FACILITIES, POST-SECONDARY
EDUCATIONAL FACILITIES, PRIMARY/SECONDARY
EDUCATIONAL FACILITIES, SPECIALIZED INSTRUCTION
EDUCATIONAL FACILITIES, VOCATIONAL/ARTS SCHOOL
ENTERTAINMENT
EXPRESSION LINE
FACADE PLANE
FINANCIAL SERVICES
FIRST FLOOR ELEVATION
FIRST STORY CLEAR HEIGHT
FITNESS CENTER, COMMERCIAL
FITNESS CENTER, RESIDENTIAL
FLATS or LOFTS
GALLERY
GREEN ROOF
HOME OCCUPATION
HOSPITAL/MEDICAL CENTER
HOTEL
HOUSE OF WORSHIP
INDUSTRIAL USE
INSTITUTIONAL USE
JUNKYARD
LABORATORY
LIGHT INDUSTRY
LINER BUILDING
LIQUOR STORE
LIVE/WORK SPACE (ARTIST)
LIVE/WORK SPACE (PROFESSIONAL)
MASSAGE PARLOR
MOTOR VEHICLE SALES
MOTOR VEHICLE SERVICE AND REPAIR
MUSEUM
NIGHTCLUB or LOUNGE
OFFICE, MEDICAL
OFFICE, PROFESSIONAL
OFFICE/COMMERCIAL BUILDING
PARKING DECKS
PARKING GARAGE (STRUCTURED)
PARKING LOT (SURFACE)
PAWN SHOP
PUBLIC ART
RAIL STATION
RECESSED BALCONIES
RESEARCH AND DEVELOPMENT
RESIDENTIAL ELEVATOR FLAT
RESTAURANT
RETAIL SALES
RETAIL SERVICES
SHARED PARKING
SIDEWALK CAFE
STOREFRONT
SURFACE PARKING LOT
TATTOO PARLOR
TEMPORARY SIGN
THEATER
UNIVERSITY
VISUAL/PERFORMING ARTS
WAREHOUSE or STORAGE
Definitions.
Shops of special trade including the manufacturing, compounding
assembly processing, packaging or similar treatment of such products
as baked goods, candy, ceramics, pottery, china, weaving and other
textile arts, painting, cooperage, woodworking and other artistic
endeavors and similar trades. Retail sales of products made on the
premises are encouraged.
A for-profit business or not-for-profit organization that
offers a technical and/or administrative support function to the operation
of an arts and cultural activity: marketing; public relations; graphic
design and publishing; booking and travel services; internet and social
media services; consulting and planning services for arts and cultural
activity; provision of technical equipment and expertise related to
arts performance and presentation.
General consumer-oriented food retailers such as restaurants,
cafes, coffee and tea shops, and delicatessens.
An ancillary lightweight structure usually of canvas, cantilevered
from a facade providing shade to the fenestration and spatial containment
to the pedestrian. Awnings shall extend no farther than possible as
a self-supporting structure (i.e. no visible vertical support poles
or columns).
An establishment whose primary activity is the sale of alcoholic
beverages to be consumed on the premises. Incidental uses may include
food service and take-out sales of alcohol.
An owner-occupied, private residence where overnight accommodations
are provided to lodgers. Breakfast shall be the only meal provided
to lodgers. Such residences serve as a business providing the primary
financial support of the owner-occupant. Bed and breakfasts advertise,
appropriate taxes, and post signs. For the purpose of this definition,
a lodger means a person who rents a room in a bed and breakfast establishment
for fewer than 28 consecutive days. Compensation for lodging shall
be computed by the day. Does not include BOARDINGHOUSE or LODGING
HOUSE.
A dwelling having one kitchen and used for the purpose of
providing lodging, or both meals and lodging, for pay or compensation
of any kind, whether computed by day, week or month, to persons occupying
such dwellings, other than members of a family.
A structure category determined by function, disposition
on the lot, and configuration, including frontage and height.
Establishments primarily engaged in rendering services to
other business establishments on a fee or contract basis, such as
advertising and mailing; building maintenance; personnel and employment
services; management and consulting services; protective services;
equipment rental and leasing; photo finishing, copying and printing;
travel; office supply; and similar services.
Any establishment that provides regular shelter, care, activity,
and supervision (with or without academic instruction) for five or
more children where those children receive child care from a provider:
(1) while unattended by a parent, legal guardian, or custodian and
(2) for regular compensation. Child care provider must hold a valid
license from the State.
A building designed specifically for governmental, arts,
institutional, or religious uses.
An outdoor area dedicated for public use. Civic space types
are defined by the combination of certain physical constraints including
the relationship between their intended use, their size, their landscaping
and the building(s) defining the space.
Buildings and facilities, owned or operated by a corporation,
association, person or persons, for a social, educational, or recreational
purpose, to which membership is required for participation and not
primarily operated for profit nor to render a service that is customarily
carried on as a business.
A restaurant primarily offering coffee, tea, and other beverages,
and where light refreshments and limited menu meals may also be sold.
A single or multi-story building devoted solely to commercial
uses. They may be designed as walk-ups or elevator buildings depending
on the number of floors. The ownership structure may be condominium
or rental.
A noncommercial use established primarily for the benefit
and service of the population of the community in which it is located.
Community Facilities are not those which are engaged in the provision
of residential, medical, or day care services for children and/or
adults.
Complete streets are designed and operated to enable safe
access for all users, including pedestrians, bicyclists, motorists
and transit riders of all ages and abilities.
A facility that provides nursing services and custodial care
on a twenty-four-hour basis for individuals who for reasons of illness,
physical infirmity, or advanced age, require such services.
The top most element of a building facade composed of moldings
for an entablature in formal architecture orders or used alone at
the roof line or ceilings.
Any business establishment that produces on the premises
articles for sale of artistic quality or effect or handmade workmanship.
Examples include candle making, glass blowing, weaving, pottery making,
woodworking, sculpting, painting, and other associated activities.
Those businesses whose primary economic activities are the
generation or utilization of innovation, knowledge, and information
involving individual creativity, skill and talent which activities
have a potential for wealth and job creation through the generation
of ideas, products and/or services. Standard categories may include,
but are not limited to: advertising, architecture, art and antiques,
designing computer games or software, culinary arts, crafts, design,
designer fashion, film and video, music, performing arts, theatre,
publishing, TV and radio.
Windows on the ground floor of a building that allow visibility
into and out of a commercial space and are used for display.
A facility associated with a use that by design, physical
facilities, service, or by packaging procedures, encourages or permits
customers to receive services and/or obtain goods while remaining
in their motor vehicles. The location of drive-thru facilities shall
be regulated in the same manner as off-street parking.
Museums or historic sites, the primary mission of which is
education, history, or historic preservation, shall also qualify as
arts and culture organizations.
Institutions for higher learning that grants associate or
bachelor degrees and may also have research facilities and/or professional
schools that grant master and doctoral degrees. This may also include
community colleges that grant associate or bachelor degrees but does
not include vocational schools that offer certificates of completion.
A public, private, or parochial school offering instruction
at the elementary, junior, and/or senior high school levels in the
branches of learning and study required to be taught in the public
schools of the State.
Educational Services are businesses that provide instruction
and training in a wide variety of subjects. The instruction and training
is highly specialized (e.g. tutoring, college preparatory, or a computer
software package). This does NOT include private or public elementary
and secondary schools, junior colleges and colleges, universities,
or professional schools that correspond to a recognized series of
formal levels of education designated by diplomas, associate degrees
(including equivalent certificates), and degrees. This does NOT include
instruction in physical activities (e.g. karate, dance, yoga, or mixed
marshal arts).
A school established to provide for the teaching of industrial,
clerical, managerial, culinary, or artistic skills (e.g. dance, painting,
sculpting, singing). This definition includes schools that are owned
and operated privately for profit and that do not offer a complete
educational curriculum (e.g., beauty school, modeling school).
The presentation of the performing arts, including indoor
motion picture theaters, theaters for live performances, and indoor
and outdoor concert halls. Also includes completely enclosed recreational
activities such as bowling, roller skating or ice-skating. Entertainment
uses may include the preparation and serving of food as an incidental
use. Entertainment uses shall not include sexually-explicit adult
entertainment, night clubs, strip clubs, or arcades.
Expression Line: A horizontal linear element extending across
a facade evidenced as a noticeable difference of projection or recess,
change of color or material, or identified as a clear architectural
feature of ornamentation such as a cornice. The line is the objective
its expression may vary significantly from building to building and
in accordance with different architectural styles.
A flat, inviable, two-dimensional surface that is perpendicular
to the sidewalk plane and lays flat along one side of the exterior
of a building.
Provision of banking services to consumers or clients. Typical
uses include banks, savings and loan associations, savings banks,
credit unions, lending establishments, and automatic teller machines
(ATM). Financial services shall not include check cashing as a primary
function of the business.
A building's vertical measurement from the mean level of
the ground abutting the building to the mean level of the first floor
of the building.
A building's vertical measurement from the mean level of
the first floor of the building to the mean level of the second floor
of the building.
A commercial establishment providing accommodations for a
variety of physical activities and their instruction. Space may be
provided for, among other activities, weight lifting, running, dance,
martial arts, basketball, ice hockey, wrestling, soccer, tennis, volleyball,
racquetball, or handball. Such facility may also provide other regular
organized events, health and fitness club facilities, swimming pool,
snack bar and other support facilities. Does not include those facilities
which are only accessible to residents of a development (see Fitness
Center, Residential).
An area which is accessible only to residents of a development
which provides accommodations for a variety of physical activities.
Space may be provided for, among other activities, weight lifting,
running, dance, martial arts, basketball, ice hockey, wrestling, soccer,
tennis, volleyball, racquetball, or handball. Such typically do not
provide other regular organized events, health and fitness club facilities,
swimming pool, snack bar and other support facilities.
A building or portion thereof designed for occupancy by three
or more families living independently in which they share common entrances
and other spaces and individual units may be owned as condominiums
or offered for rent.
An establishment in which original works of art or limited
editions of original art are bought, sold, loaned, appraised, or exhibited
to the general public.
An engineered, multi-layered roofing system sustaining the
growth of plants on a roof while protecting the integrity of the underlying
structure. The components of a green roof consist of a waterproofing
membrane, root barrier, drainage layer, retention layer, filter fabric,
growing medium and plants.
An occupation carried on in a dwelling unit by the resident
thereof; provided that the use is limited in extent and incidental
and secondary to the use of the dwelling unit for residential purposes
and does not change the character thereof.
An institution specializing in giving clinical, temporary
and emergency services of a medical or surgical nature to human patients,
licensed by State law to provide facilities and services in surgery,
obstetrics and general medical practice. Such institutions include
allied and adjunct medical facilities such as facilities for the education
and training of hospital personnel, including but not limited to residents,
interns, nurses, technicians and orderlies; medical schools, student
residence halls or dormitories, laboratories, research facilities,
pharmacies, cafeteria, restaurant or snack bar, gift or flower shop;
out-patient treatment and medical offices which may be in the same
building or separate buildings provided this does not include non-accessory,
non-adjacent or independently operated medical offices, group medical
practices or laboratories.
A facility offering transient lodging accommodations to the
general public and must include a restaurant, meeting rooms, lobbies
and concierge services. They may include entertainment and recreational
facilities or banquet halls.
A building where persons regularly assemble for religious
purposes and related social events and which building is maintained
and controlled by a religious body organized to sustain religious
ceremonies and purposes. Examples include churches, synagogues, mosques
and temples.
A use relating to, concerning, or arising from the assembling,
fabrication, finishing, manufacturing, packaging, or processing of
goods, or mineral extraction.
A nonprofit or quasi-public use, such as a religious institution,
library, public, or private school, hospital, or government owned
or government-operated structure or land used for public purpose.
A lot, land, or structure, or part thereof, used for the
collection, storage, and sale of waste paper, rags, scrap metal, or
discarded material; or for the collecting, dismantling, storage, salvaging,
or sale of parts or machinery or vehicles not in running condition.
A facility for scientific laboratory analysis of natural
resources, medical and dental resources, and manufactured materials.
The scientific analysis is generally performed for an outside customer,
to support the work of that customer. This category includes environmental
laboratories for the analysis of air, water, and soil; medical or
dental laboratories for the analysis of blood, tissue, or other human
medical or dental products.
Research and development activities, the manufacturing, compounding,
processing, packaging, storage, assembly, and/or treatment of finished
or semi-finished products from previously prepared materials, which
activities are conducted wholly within an enclosed building. Finished
or semi-finished products may be temporarily stored outdoors pending
shipment. Includes transit facilities.
A building that separates the exteriors of large structures
such as parking garages, movie theaters or supermarkets from the street.
They allow large, blank facades to be screened by pedestrian scaled
uses. The building may be attached or integrated into the larger structure,
or sit in front of it, with separations dictated by building codes.
Individual unit access is to be principally provided from the primary
street.
An establishment principally for the retail sale of alcoholic
beverages for off-premise consumption.
A single unit consisting of a residential component and a
dedicated office or production space that is occupied by the same
resident. The live/work unit shall be the primary dwelling of the
occupant. Occupant may be engaged in the manufacturing, compounding
assembly processing, packaging or similar treatment of such products
as: baked goods, candy, ceramics, pottery, china, weaving and other
textile arts, painting, cooperage, woodworking and other artistic
endeavors and similar trades.
A single unit consisting of a residential component and a
dedicated office or production space that is occupied by the same
resident. The live/work unit shall be the primary dwelling of the
occupant. The commercial component of live/work units are intended
for use by the following occupations: accountants; architects; attorneys,
computer software and multimedia related professionals; consultants;
engineers; fashion, graphic, interior and other designers; home-based
office workers, insurance, real estate and travel agents; one-on-one
instructors; photographers, and similar occupations.
An establishment, business or use which provides the service
of massage and body manipulations, including exercise, heat and light
treatments of the body and all forms and methods of physical therapy
unless operated by a medical practitioner or professional physical
therapist or certified massage practitioner.
Any business establishment that sells or leases new or used
automobiles, trucks, vans, trailers, recreational vehicles, boats,
or motorcycles or other similar motorized transportation vehicles.
Such an establishment may maintain an inventory of the vehicles for
sale or lease either on-site or at a nearby location and may provide
on-site facilities for the repair and service of the vehicles sold
or leased by the establishment.
The repair and maintenance of automobiles, motorcycles, trucks,
trailers, or similar vehicles including but not limited to body, fender,
muffler, or upholstery work, oil change and lubrication, painting,
tire service and sales, washing, or installation of CB radios, car
alarms or stereo equipment.
A building having public significance by reason of its architecture
or former use or occupancy or a building serving as a repository for
a collection of natural, scientific, or literary curiosities or objects
of interest, or works of art, and arranged, intended, and designed
to be used by members of the public for viewing, with or without an
admission charge, and which may include as an incidental use the sale
of goods to the public as gifts or for their own use.
Any room, place, or space maintained for general patronage
where food and drink are served or dispensed and where patrons are
permitted to engage in dancing or live entertainment which may include
but is not limited to performance by magicians, musicians, disk jockeys,
or comedians.
A building used exclusively by physicians, dentists, and
similar personnel for the treatment and examination of patients solely
on an outpatient basis, provided that no overnight patients shall
be kept on the premises.
A room, suite of rooms, or building in which a person provides
direct services to consumers and transacts the affairs of a business,
profession, service, industry, or government. Does not include Medical
Offices.
A single or multi-story building devoted solely to commercial
uses. They may be designed as walk-ups or elevator buildings depending
on the number of floors. The ownership structure may be condominium
or rental. Common entrances and other spaces may be shared. Primary
access is to be provided from the primary street frontage. Additional
access is permitted from courtyards or internal corridors. Parking
is permitted inside the ground floor of the building but may not abut
the primary street frontage. Side yard parking equal to one row of
parking plus drive aisle is permitted to a maximum of 45 feet. Buildings
may be new construction or adaptive reuse of a formerly residential
building, such as a single-family dwelling conversion.
A building or part thereof which is designed specifically
for automobile parking and where there are a number of floors or levels
on which parking takes place. Parking decks are to be located internal
to a block and require a Liner Building. Parking Decks are required
to meet all design and buffer requirements of this code.
A building or part thereof which is designed specifically
for automobile parking and where there are a number of floors or levels
on which parking takes place.
An off-street, ground-level area, usually surfaced and improved,
for the temporary storage of motor vehicles.
An establishment that engages, in whole or in part, in the
business of loaning money on the security of pledges of personal property,
or deposits or conditional sales of personal property, or the purchase
or sale of personal property.
Any work of art created by visual artists or public context
designer that is sited in a public place for people to experience.
This can include murals, outdoor sculptures, or infrastructure such
as public fixtures or furniture and other functional elements that
are designed and/or built by visual artists or public context designers.
Public art is art that is located in public spaces. It is art that
people encounter on a daily basis in the public sphere.
A rail facility for the boarding of passengers and related
ticketing sales and offices.
A recession in the building facade that allows for an outdoor
seating space that is surrounded by a railing or balustrade.
Investigative activities conducted by a business with the
intention of making a discovery that can either lead to the development
of new products or procedures, or to the improvement of existing products
or procedures.
A residential building containing two or more dwelling units
attached at one or more common roofs, walls or floors. Typically,
the unit's habitable area is provided on a single level with entrances
provided from a common corridor. A common lobby and elevators are
required when more than one story is built.
An establishment where food and drink are prepared, served,
and primarily consumed within the principal building or structure.
Restaurants may be full service/sit down, carry out or fast food.
Drive-thru services are permitted. The location of drive-thrus shall
be regulated in the same manner as parking.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption, which render
services incidental to the sale of such goods, and are engaged in
activity designed to attract the general public to purchase such goods
or merchandise. Such definition includes pharmacies. Does not include
sexually-explicit adult entertainment businesses.
Establishments providing services, as opposed to products,
to the general public, including financial services, insurance, real
estate, personal services, dry cleaning, and similar uses. Includes
Commercial Instructional Activities. Does not include sexually-explicit
adult entertainment businesses.
Joint utilization of a parking area for more than one use,
either on-site or between nearby properties through a dedicated arrangement,
in order to fulfill their individual parking requirements because
their prime operational hours do not overlap.
Any eating establishment where food and other refreshments
are served upon the public right-of-way, namely the sidewalks immediately
in front of any restaurant, cafe, cafeteria or place of business where
food and/or other refreshments are served, or where permitted on private
property.
A ground floor facade with a large display window allowed
for commercial retail, commercial office, and residential lobby uses.
An off-street, surfaced, ground level open area, for the
temporary storage of motor vehicles.
An establishment whose principal business activity, either
in terms of operation or as held out to the public, is the practice
of one or more of the following: (1) placing of designs, letters,
figures, symbols, or other marks upon or under the skin of any person,
using ink or other substances that result in the permanent coloration
of the skin by means of the use of needles or other instruments designed
to contact or puncture the skin; (2) creation of an opening in the
body of a person for the purpose of inserting jewelry or other decoration.
Any sign which is not included in the permanent signage of
a building or site, and which is not permanently installed with hardware
or other permanent mounting materials, or which has not been approved
for permanent display by the zoning officer as allowed by ordinance,
or by resolution of the Planning Board. Temporary signs include banners,
pennants, flags, flyers, posters and all display devices announcing
a special event, promotion, sale, ad campaign or opening.
A structure used for dramatic, operatic, motion pictures,
or other performance, for admission to which entrance money is received.
Does not include sexually-explicit adult entertainment businesses.
Sexually-oriented Adult motion picture theaters or establishments
featuring burlesque are prohibited in all Transect Zones.
See School.
A for-profit business or not-for-profit organization that
presents live performances of theatre, dance, music, or other imaginative
work and/or produces or exhibits physical works created by, or under
the direction of one or more artists, which are intended for unique
production or limited reproduction, including for-profit businesses
and not-for-profit organizations involved in instruction of arts and
cultural forms.
A facility engaged in storage, wholesale, and distribution
of manufactured products, supplies, and equipment, but not involved
in manufacturing or production. Excludes bulk storage of materials
that are inflammable or explosive or that present hazards or conditions
commonly recognized as offensive.
[Ord. No. 04-12 § 21-10.16]
The Redevelopment Overlay District is included by reference.
The Redevelopment Plan was adopted on February 17, 2000 with boundaries
and redevelopment standards in accordance with N.J.S.A. 40A:12A-7.[1]
Unless otherwise specifically controlled in the afore-cited
Redevelopment Plan, the applicant shall conform to all the requirements
of the zone district in which the property lies.
[1]
Editor's Note: The Redevelopment Overlay District Plan and
Redevelopment Ordinances may be found in the Office of the Municipal
Clerk. Redevelopment Plans and Amendments established by Ordinances
adopted February 17, 2000, Ord. Nos. 2009-17, 2012-02, 2015-22, 2015-23,
2016-16, 2016-17, 2016-18, 2016-19, 2017-10, 2018-17, 2019-25, 2019-36,
2019-37, 2019-49, 2019-53, 2022-19, 2022-24, and 2023-01.
[Ord. No. 04-12 § 2-10.17]
a.Â
Primary intended use. This zone is designed for industrial uses which
will not adversely affect the environment during the development and
during periods of a flooding condition. The permitted uses are to
be those which do not create a damming condition due to flotation
of materials in the flood-prone areas. Permitted uses are also restricted
to avoid storage of toxic and hazardous substances and those requiring
a form of radiation, fencing or outside storage of materials. Permitted
uses within this zone shall include warehousing, fabrication of materials
which involve no use of toxic or hazardous substances, printing, publishing
uses, truck terminals and park land uses. The intensity of operations
shall not exceed the limitations imposed by the Performance Standards
hereinafter set forth in this chapter. All uses permitted shall be
conducted wholly within a completed enclosed building, except for
loading and unloading operations and on-site parking of delivery vehicles.
b.Â
Prohibited use. No land or building shall be used or occupied for
a use which will in any manner create any dangerous, injurious, noxious
or otherwise objectionable, fire, explosive, radioactive or other
hazard; noise or vibration; smoke, dust, odor or other form of air
pollution; heat, cold, dampness, movement of air; electrical or other
disturbance; glare; liquid or solid waste in any manner or amount
unless it conforms with the performance standards of this chapter
or any use which shall be detrimental to the health, safety, morals
or general welfare of the Borough of Bound Brook. In addition, the
following uses are specifically prohibited:
c.Â
Required conditions.
1.Â
Height. No building shall exceed a maximum of 35 feet.
2.Â
Front yard. There shall be a front yard of not less than 25 feet.
3.Â
Parking areas as required shall not be permitted in the front yard.
4.Â
No parking areas shall be nearer than 10 feet to any other property
line.
5.Â
Side yard. There shall be two side yards and no side yard shall be
less than 25 feet.
6.Â
Rear yard. There shall be a rear yard of at least 50 feet.
7.Â
Landscaping. Those portions of all front, rear and side yards that
are not used for off-street parking shall be attractively planted
with trees, shrubs, plants and grass lawns, as required by the Planning
Board to insure that proper conditions will exist for drainage and
absorption of surface waters and in order to preclude and prevent
traffic hazards.
8.Â
Zone District Boundary Line Restrictions. No structure shall be constructed
nearer than 50 feet from any residential zone district boundary. Within
the fifty-foot wide buffer area hereby created, a solid and continuous
landscape screen shall be planted and maintained consisting of mixed
evergreen and deciduous trees and shrubs of such species and size
as will produce within two growing seasons, a screen at least six
feet in height, and of such density as will obscure the glare of automobile
headlights. The landscape screen shall be located adjacent to the
residential zone district boundary line.
9.Â
Maximum lot coverage shall be 65%.
10.Â
Minimum lot area shall be three acres.
[Added 12-18-2018 by Ord.
No. 2018-30]
a.Â
Intent. The intent of the OS-C Open Space/Civic District is to codify
the vision outlined in the 2017 Master Plan Reexamination Report,
adopted by the Planning Board on June 8, 2017, consistent with widely
accepted contemporary planning principles and best practices, as well
as with the State of New Jersey's smart growth planning policies,
as expressed in the 2001 State Development and Redevelopment Plan,
and with the Somerset County smart growth planning policies, as expressed
in the 2017 Supporting Priority Investment in Somerset County document.
Specifically, the OS-C Open Space/Civic District is intended to:
1.Â
Provide a zoning district for lands devoted to public and private
parks and open space, whether used for active or passive purposes;
trails; campgrounds; amphitheaters; sculpture parks; community gardens,
and other similar uses; agricultural and forested land; and lands
occupied or to be occupied by public buildings or uses, other civic
buildings or uses, cemeteries and similar uses.
2.Â
Promote safe and convenient public access to the riverfront
and to the preserved areas adjacent to the Middle Brook and Bound
Brook and encourage amenities and activities that will attract the
public and enhance and reclaim these underutilized areas.
3.Â
Promote a multipurpose trail along the Raritan River and the
two brooks with connections to the adjoining towns.
4.Â
Promote landscape and habitat restoration in appropriate locations.
5.Â
Provide opportunities for special outdoor events.
b.Â
Permitted uses.
1.Â
The following principal uses are permitted, either individually
or combined:
(a)Â
Civic and governmental uses.
(b)Â
Educational uses.
(c)Â
Recreational and sports-related uses.
(d)Â
Cemeteries, including supporting offices and limited retail
sales of funerary items.
(e)Â
Temporary uses, such as circuses, concerts and other performances,
amusement rides, farmers markets, flea markets, book fairs, art fairs
and similar uses, subject to a temporary use permit from the Borough.
(f)Â
Mobile uses, such as food trucks, mobile retail and similar
uses, subject to a mobile use permit from the Borough.
(g)Â
Tree and plant nurseries.
(h)Â
Community gardens.
(i)Â
Sculpture parks.
(j)Â
Solar arrays, wind turbines and other green energy facilities.
2.Â
Uses customarily incidental with the principal permitted uses
listed above are also permitted.
c.Â
Permitted building types. The following building types are permitted:
d.Â
Bulk standards. There are no specific bulk standards for this district,
given the wide variety of conditions it covers. Nevertheless, buildings
and structures in this district must be sensitive to surrounding land
uses and structures, where such exist, and must not encroach on appropriate
standards of light and air affecting other properties.
f.Â
Design standards.
1.Â
Utility boxes. Ground-mounted electrical or other utility boxes
shall be thoroughly screened from view wherever they are located.
2.Â
Reforestation and habitat restoration. Reforestation and habitat
restoration plans shall be prepared by a licensed landscape architect
or ecologist and approved by the Planning Board.
3.Â
Trails. Trails shall facilitate pedestrian and bicycle circulation.
Trails in the public right-of-way or created on public easements shall
have a minimum, unobstructed width of six feet, and shall be designed
to provide access to the riverfront, public open space, civic and
recreational facilities and other destinations and ensure uninterrupted
connectivity for pedestrians and bicycle.
4.Â
Pervious pavement. The use of pavers and other forms of low-maintenance
pervious pavement is required throughout.
5.Â
Public realm obstructions. Trash receptacles, bicycle parking,
vending racks, and other obstructions to the public realm shall be
placed in locations where they are least intrusive, most convenient
to their users and least disruptive of pedestrian and bicycle circulation.
Benches shall be placed in strategic locations, next to destinations
or in locations with scenic views.
[Added 12-18-2018 by Ord.
No. 2018-30]
a.Â
Intent. The intent of the RR Railroad District is to codify the vision
outlined in the 2017 Master Plan Reexamination Report, adopted by
the Planning Board on June 8, 2017, consistent with widely accepted
contemporary planning principles and best practices, as well as with
the State of New Jersey's smart growth planning policies, as expressed
in the 2001 State Development and Redevelopment Plan, as well as Somerset
County smart growth planning policies, as expressed in the 2017 Supporting
Priority Investment in Somerset County document. Specifically, the
RR Railroad District is intended to:
1.Â
Maintain the active freight and passenger rail service.
2.Â
Provide safe and efficient crossings for pedestrians, bicycles
and motor vehicles.
3.Â
Improve transit rider accessibility to public transit facilities.
4.Â
Facilitate "quiet zone" designation.
5.Â
Promote environmental remediation of contaminated soils along
rail rights-of-way.
6.Â
Promote landscape and habitat restoration in appropriate locations.
b.Â
Permitted uses.
1.Â
The following principal uses are permitted, either individually
or combined:
(a)Â
Rail lines and rail-related uses and structures, such as signaling
equipment.
(b)Â
Commuter or multipurpose parking.
(c)Â
Temporary uses, such as circuses, amusement rides, farmers markets,
flea markets, book fairs, art fairs and similar uses, subject to a
temporary use permit from the Borough.
(d)Â
Mobile uses, such as food trucks, mobile retail and similar
uses, subject to a mobile use permit from the Borough.
(e)Â
Tree and plant nurseries.
(f)Â
Community gardens.
(g)Â
Sculpture parks.
(h)Â
Solar arrays, wind turbines and other green energy facilities.
2.Â
Only uses customarily incident with the principal permitted
uses listed above are permitted.
d.Â
Bulk standards. There are no specific bulk standards for this district,
given the nature of the transportation infrastructure it applies to.
Nevertheless, any structures in this district must be sensitive to
surrounding land uses, where such exist, and must not encroach on
appropriate standards of light and air affecting other properties.
[Added 12-18-2018 by Ord.
No. 2018-30]
a.Â
Intent. The intent of the R-C Riverfront Commercial District is to
codify the vision outlined in the 2017 Master Plan Reexamination Report,
adopted by the Planning Board on June 8, 2017, consistent with widely
accepted contemporary planning principles and best practices, as well
as with the State of New Jersey's smart growth planning policies,
as expressed in the 2001 State Development and Redevelopment Plan,
as well as Somerset County smart growth planning policies, as expressed
in the 2017 Supporting Priority Investment in Somerset County document.
Specifically, the R-C Riverfront Commercial District has the following
goals:
1.Â
Promote safe and convenient public access to the riverfront
and encourage amenities and activities that will attract the public
to this underutilized area, such as kayak/canoe put-ins, outdoor events
celebrating the Borough's history and culture, light shows, fireworks,
live music and other similar activities.
2.Â
Provide a trail head for a future multipurpose trail along the
river with connections to the adjoining towns.
3.Â
Promote landscape and habitat restoration where appropriate.
4.Â
Provide opportunities for special outdoor events.
5.Â
Enhance the South Main Street gateway into the Borough, with
visually striking architecture; interesting signage; enhanced lighting
and other visual and physical improvements to the South Main Street
underpass; significantly improved and safer pedestrian access to the
eastbound platform of the NJ Transit train station; and improved streetscape
and landscape treatments along South Main Street, including pedestrian
crosswalks, new sidewalks, new streetlights, new street trees, green
infrastructure applications, flagpoles, banners and other devices
that visually and physically enhance the pedestrian experience, reinforce
the gateway effect and underscore a sense of arrival.
6.Â
Encourage high quality mixed-use, commercial and civic development
on developable parcels with frontage on South Main Street.
7.Â
Provide additional commuter parking with direct access to the
eastbound passenger rail platform.
b.Â
Permitted uses.
1.Â
The following principal uses are permitted, either individually
or combined:
(a)Â
Commuter or multipurpose parking.
(b)Â
Civic and governmental uses, including libraries and museums.
(c)Â
Retail in mixed-use buildings.
(d)Â
Conference centers.
(e)Â
Hotels.
(f)Â
Offices, including shared office suites, and retail sales limited
to parcels with direct frontage on South Main Street.
(g)Â
Self-storage facilities, limited to parcels with direct frontage
on South Main Street. A self-storage facility may include one residential
apartment unit for exclusive use of the facility's manager/caretaker.
(h)Â
Public restrooms.
(i)Â
Recreational and sports-related uses.
(j)Â
Cafes, restaurants and similar food and beverage uses.
(k)Â
Kayak and canoe storage and/or rental facilities.
(l)Â
Temporary uses, such as circuses, amusement rides, farmers markets,
flea markets, book fairs, art fairs and similar uses, subject to a
temporary use permit from the Borough.
(m)Â
Mobile uses, such as food trucks, mobile retail and similar
uses, subject to a mobile use permit from the Borough.
(n)Â
Community gardens.
(o)Â
Sculpture parks.
(p)Â
Solar arrays, wind turbines and other green energy facilities.
(q)Â
Roof-mounted antennas and associated hardware for cellular telecommunication
facilities.
(r)Â
Class 1 and Class 2 cannabis establishments, limited to one establishment
in one building.
[Added 3-22-2022 by Ord. No. 2022-01; 6-28-2022 by Ord. No. 2022-17]
2.Â
Uses customarily incident with the principal permitted uses
listed above are also permitted.
c.Â
Permitted building types. The following building types are permitted:
d.Â
Bulk standards.
|
Regulation
|
Building Type
|
Minimum
|
Maximum
|
|
Height (stories)
|
Mixed-use
|
3
|
6
|
|
Self-storage
|
3
|
6
| |
|
Parking decks
|
2
|
6
| |
|
Civic/recreational
|
1
|
6
| |
|
Telecommunication monopoles
|
NA
|
NA
| |
|
Observation towers, viewing stations, energy and utility related
structures
|
NA
|
NA
| |
|
All others
|
1
|
2
| |
|
Height (feet)
|
Mixed-use
|
35
|
65
|
|
Self-storage
|
35
|
65
| |
|
Parking decks
|
30
|
65
| |
|
Civic/recreational
|
20
|
65
| |
|
Telecommunication monopoles
|
NA
|
10
| |
|
Observation towers, viewing stations, energy and utility related
structures
|
NA
|
NA
| |
|
All others
|
NA
|
30
| |
|
Building setback (feet)
|
Front
|
15 (from curbline)
|
45 (from curbline)
|
|
Rear
|
5 (from lot line)*
|
NA
| |
|
Side
|
5 (from lot line)*
|
NA
| |
|
Lot coverage**
|
All building types and permitted structures
|
NA
|
85%
|
|
NOTES:
| |
|
*
|
No side or rear yard setbacks are required if the adjacent lot
is railroad property.
|
|
**
|
Lot coverage may be increased to 90%, at the discretion of the
Planning Board, if the project incorporates nonstructural stormwater
management devices, such as porous pavements, bio-swales, rain gardens
and other similar techniques, as well as a green roof on the principal
building.
|
e.Â
Parking.
1.Â
Parking requirements.
|
Use
|
Minimum Number of Spaces - Vehicular
|
Minimum Number of Spaces - Bicycles
|
|
Mixed-use
|
3 per 1,000 square feet
|
1 per 1,000 square feet
|
|
Residential
|
1 per apartment
|
1 per apartment
|
|
Office and retail
|
3 per 1,000 square feet
|
1 per 1,000 square feet
|
|
Civic/governmental
|
2 per 1,000 square feet
|
1 per 1,000 square feet
|
|
Sports/recreational
|
1 per 4 seats
|
1 per 4 seats
|
|
Cafes
|
1 per 4 seats
|
1 per 4 seats
|
|
Temporary uses
|
NA
|
NA
|
|
Mobile uses
|
NA
|
NA
|
|
Self-storage
|
1 per 10,000 square feet
|
NA
|
|
All other uses
|
NA
|
NA
|
2.Â
Minimum dimensions for vehicular parking spaces are as found
in Table 13 (page 57) of the Redevelopment Plan for Sub-Area 1.5.
f.Â
Signage. Signs shall conform to the standards contained in Subsections 21-10.5 or 21-10.15i, with the following exceptions:
1.Â
Projecting signs, affixed to the building facade at a ninety-degree
angle, and no larger than three feet wide (horizontal dimension) by
eight feet long (vertical dimension), are permitted. These signs can
be banner signs, printed on fabric and permanently or temporarily
hung in place, or signs printed against a rigid metal, wood or acrylic
background. Innovative, sculptural and three-dimensional signs are
encouraged, provided they complement the building's design expression.
2.Â
Wall-mounted signs. Permanent wall-mounted signs, mounted no
more than six inches from the wall surface, are permitted, not to
exceed three feet in height (vertical dimension) by eight feet in
width (horizontal dimension). Temporary wall-mounted signs of the
same dimensions are permitted for a period not to exceed one year
for residential and commercial uses. Civic uses may exhibit these
signs on a permanent basis.
3.Â
Graphic signs. Wall-mounted graphic signs, consisting of letters,
numbers or symbols, are permitted. One graphic sign is permitted for
every 150 linear feet of building facade. Graphic signs shall be proportional
to the height and dimensions of the building, and shall fit within
an eight-foot-by-sixteen-foot rectangle.
4.Â
Object signs. Object signs, whether projecting or wall-mounted,
are permitted, subject to the same dimensional limits.
5.Â
Blank wall wraps. Blank walls may be temporarily or permanently
wrapped in architectural fabric displaying artwork or commercial signage,
subject to Land Use Board review and approval.
g.Â
Design standards. The intent is to shape inviting public and semipublic
spaces, enhance the gateway experience into the Borough, create architecturally
interesting and pedestrian-friendly streetscapes along the developable
sections of South Main Street, provide public access to the Raritan
riverfront and a kayak/canoe put-in, provide a convenient location
for public kayak/canoe storage and public parking, create active and
safe public spaces, and promote landscape restoration and habitat
creation, where appropriate.
1.Â
Parking structures. The elevations of a parking structure facing
the public realm shall be designed to provide an interesting architectural
experience. Openings in the facade for ventilation shall be covered
with decorative metal grilles or other decorative treatments. Climbing
vegetation or other similar treatments are encouraged to soften parking
structure facades.
2.Â
Utility boxes. Ground-mounted electrical or other utility boxes
shall be thoroughly screened from view wherever they are located.
3.Â
Reforestation and habitat restoration. Reforestation and habitat
restoration plans shall be prepared by a licensed landscape architect
or ecologist and approved by the Planning Board.
4.Â
Streetlights. Contemporary lighting fixtures are encouraged.
Streetlighting shall be shielded to minimize night sky and prevent
direct glare into adjacent residential windows.
5.Â
Trails. Trails shall facilitate pedestrian and bicycle circulation.
Trails in the public right-of-way or created on public easements shall
have a minimum, unobstructed width of six feet, and shall be designed
to provide access to the riverfront, public open space, civic and
recreational facilities and other destinations and ensure uninterrupted
connectivity for pedestrians and bicycle.
6.Â
Pervious pavement. The use of pavers and other forms of low-maintenance
pervious pavement is required throughout.
7.Â
Public realm obstructions. Trash receptacles, bicycle parking,
vending racks, and other obstructions to the public realm shall be
placed in locations where they are least intrusive, most convenient
to their users and least disruptive of pedestrian and bicycle circulation.
Benches shall be placed in strategic locations, next to destinations
or in locations with scenic views.
8.Â
Self-storage facilities. The same design strategies adopted
in other sub-areas to mitigate extensive blank wall conditions in
parking garages and other building types shall be applied to the design
of the elevations of self-storage facilities. This includes changes
in materials, changes in color, vertical and horizontal belt courses,
exposed structural elements, creative exterior lighting, expansive
signage, blank wall wraps, architectural fabrics, graphics, climbing
vegetation and other design treatments that create visual interest.
[Ord. No. 04-12 § 21-10.17A]
The purpose of the Regional Business Zone is to provide for
the regional commercial and transient needs and uses appropriately
situated at or adjacent to the intersections of major regional highways
and such uses that support the limited needs of the senior citizens.
Rooming houses and boarding houses are specifically prohibited.
a.Â
Principal permitted uses.
1.Â
Regionally — oriented retail shopping centers and neighborhood
retail uses, consisting of an integrated development plan of such
uses as:
2.Â
Hotels and Motels.
3.Â
Medical and Dental Offices.
4.Â
Senior Citizen Housing.
5.Â
Warehouse/Distribution on west side of Middlebrook.
6.Â
Child Care Centers.
7.Â
One existing or relocated Telecommunication Facility.
8.Â
Assisted Care Facility and Nursing Homes.
b.Â
Permitted accessory uses.
1.Â
Uses customarily incidental to the principal permitted uses, including
but not limited to auditoriums, swimming pools, tennis courts, health
clubs and retail and service stores. All accessory uses are to be
located conveniently accessible to the principal use in accordance
with the site plan. Tennis courts and swimming pools may be located
indoors and outdoors.
2.Â
Other uses and structures customarily incidental to a principal permitted
use.
3.Â
Private and public parking, including parking garages.
4.Â
Signs.
5.Â
Assembly.
c.Â
Supplemental regulations for principal permitted uses.
1.Â
Minimum tract size: three acres.
2.Â
Coverage for all uses in the development plan shall be limited to
70%.
3.Â
Maximum building height (excluding mechanical penthouse which shall
be limited to 20 feet above the roofline):
4.Â
Minimum tract front yard: 25 feet.
5.Â
Minimum tract side yard each: 10 feet from the tract line to the
building.
6.Â
Minimum tract rear yard to the building: 10 feet.
7.Â
There shall be an additional ten foot for all yard requirements for
each story proposed above four stories. This requirement shall apply
to the perimeter of the tract and shall not apply to the distance
requirement from internal roadways.
d.Â
Supplemental regulation for senior citizen housing.
1.Â
Principal permitted uses. This zone is limited to senior citizen
housing which shall mean housing where at least one occupant of each
unit is 62 years of age or older and no permanent occupant shall be
less than 18 years of age. The following dwelling unit types for senior
citizens are permitted:
2.Â
Permitted accessory uses.
3.Â
Common open space if there is multiple ownership. Maintenance of
common open space shall be regulated by a management association.
4.Â
Maximum gross density: 60 dwelling units per acre.
5.Â
Site and Building Design.
(a)Â
Off-street parking requirements shall be established by the
Planning Board or reviewing authority but shall not be less than 0.3
spaces for congregate, continuing and assisted care per unit, nor
more than 0.5 space per senior citizen unit.
(b)Â
The development may include a separate, free-standing senior
citizen center: minimum of one parking space per 1,000 square feet
of floor area. Such facility is accessory to the senior citizen housing.
(c)Â
Space and facilities shall be provided for passive and active
outdoor recreation areas consistent with the needs of senior citizen
occupants, as deemed reasonably necessary by the Board.
e.Â
Nonresidential parking and access.
g.Â
Lighting. Adequate lighting shall be provided to ensure safe movement
of persons and vehicles and for security purposes. Lighting standards
shall be a type approved by the Planning Board. Directional lights
shall be arranged so as to minimize glare and reflection on adjacent
properties. Lighting intensity shall not exceed 1.0 footcandle within
the property and 0.25 footcandles along lot lines abutting a residential
zone.
h.Â
Buffering and landscaping.
1.Â
Buffering. The Planning Board may require buffering within the setback
lines. Buffering may consist of fencing, evergreens, shrubs, berms,
rocks, boulders, mounds, bushes, deciduous trees or combinations thereof.
2.Â
Landscaping. Landscaping shall be provided as part of the overall
site plan design and integrated into building arrangements, topography,
parking and buffering requirements. Landscaping shall include trees,
bushes, shrubs, ground cover, perennials, annuals, plants, sculpture,
art, are and the use of building and paving materials in an imaginative
manner.
[Ord. No. 04-12 § 21-10.17B]
a.Â
Primary intended use. This zone is intended for regional office and
corporate centers, hotel, motel, data processing, communication and
administrative offices and those uses as customarily considered accessory
thereto, including but not limited to swimming pools, plazas and tennis
courts.
b.Â
Prohibited uses. Any use other than those listed is prohibited within
the RB-1 District.
c.Â
Required conditions. The following requirements shall be complied
with in the RB-1 Regional Business District One:
1.Â
Front yard. The minimum requirement for the front yard within the
district shall be established at 75 feet.
2.Â
Side yard. The minimum requirement for the side yard within the district
shall be established at 50 feet.
3.Â
Rear yard. The minimum requirement for the side yard within the district
shall be established at 50 feet.
4.Â
All buildings shall be set at least 30 feet from any internal roadway.
5.Â
Lot width. There shall be a minimum of 100 feet lot width.
6.Â
Minimum lot area. Each lot shall contain a minimum of 120,000 square
feet.
7.Â
Maximum percent of impervious coverage. The maximum percent of the
ratio of total impervious coverage to total lot area shall be 60%.
8.Â
Maximum Floor Area Ratio (F.A.R.). The maximum ratio of gross floor
area of all floors of the building to the area of the lot shall be
0.40.
9.Â
Regional Business Zone (RB-1). Parking shall be screened from public
and private roadways by means of landscaping and no parking shall
be permitted closer than 20 feet to any property line. For the purpose
of administering this subsection, any basement area that is open to
the public or used for display purposes shall be computed in the gross
floor area. All fractional spaces required under the terms of this
subsection shall be construed as whole spaces.
11.Â
The maximum building height shall be 40 feet.
12.Â
Buffer areas. There shall be a landscaped buffer area of at
least 50 feet wide which shall be required on all property lines abutting
a residential district, around loading and trash collection points
visible from abutting residential districts or residential zoning
districts or public streets, around parking lots and abutting streets
and along street lines where residences or residential zoning is across
the street. Such landscaped area shall be designed to mitigate the
effects of headlights and vehicular activity.
[Ord. No. 2008-05]
a.Â
Primary intended use. This zone district is designated for single-family
residential use but permits:
Public parks and public playgrounds, but the procedure in Subsection 21-10.2q must be followed.
b.Â
Accessory uses.
1.Â
Permitted accessory uses customarily incident to the above uses provided
they do not include any activity commonly conducted for gain unless
specifically permitted in this chapter.
5.Â
Private swimming pools provided, however, the edge of the waterline
of the pool shall not be closer than 10 feet to any side or rear lot
line on corner lots no part of any private swimming pool shall be
constructed within the front yard requirement for either street.
(a)Â
Artificial lights used or maintained in connection with a private
swimming pool and other accessory uses shall be so located that the
direct source of light is not visible from an adjacent property. Lighting
intensity shall not exceed 0.25 footcandle at the property line.
(b)Â
No private swimming pool shall be used other than as an accessory
use.
6.Â
There shall be no more than two accessory structures placed on any
lot.
c.Â
Required conditions. The following requirements for principal uses
and structures must be complied within the R-1.1 Residence District:
1.Â
Height. No building shall exceed a maximum of 2Â 1/2 stories
or 35 feet in height, whichever is the lesser.
2.Â
Front yard. There shall be a front yard of not less than 60 feet.
3.Â
Side yard. Except for corner lots, there shall be two side yards
and no side yard shall be less than 15 feet provided that the aggregate
width of the two side yards combined must equal 30 feet.
4.Â
Rear yard. There shall be a rear yard of at least 60 feet.
5.Â
Minimum lot area. Each lot shall have a minimum lot area of 19,000
square feet.
6.Â
Maximum impervious lot coverage: shall be 25%.
7.Â
Minimum lot width: 120 feet.
8.Â
Floor Area Ratio: 0.20
e.Â
Grandfathering of R-1.1 District. Lots which are improved should
be grandfathered for the existing principal structures. Existing lots
as of July 2007 should be grandfathered as to lot area, setbacks and
lot width. Any change to the principal building would void the grandfather
provision.
[Ord. No. 2008-05]
a.Â
Primary intended use. This zone district is designed for one-family
residential use.
b.Â
Accessory uses.
1.Â
Permitted accessory uses customarily incident to the above uses provided
they do not include any activity commonly conducted for gain unless
specifically permitted in this chapter.
5.Â
Private swimming pools provided, however, the edge of the waterline
of the pool shall not be closer than 10 feet to any side or area lot
line and on corner lots no part of any private swimming pool shall
be constructed within the front yard requirement for either street.
(a)Â
Artificial lights used or maintained in connection with a private
swimming pool and other accessory uses shall be so located that the
direct source of light is not visible from an adjacent property. Lighting
intensity shall not exceed 0.25 footcandle at the property line.
(b)Â
No private swimming pool shall be used other than as an accessory
use.
6.Â
There shall be no more than one accessory structure on a lot
c.Â
Required conditions. The following requirements for principal uses
and structures must be complied with the R-4.1 Residence District.
1.Â
Height. No building shall exceed a maximum of 2Â 1/2 stories
or 35 feet in height, whichever is the lesser.
2.Â
Front yard. There shall be a front yard of not less than 30 feet,
except that where the existing buildings on the same side of the street
and within 500 feet from an established setback, new buildings shall
conform to such established setback line, provided, however, that
no new building may be closer than 20 feet to the front property line
nor need to be set back more than 40 feet from the property line.
3.Â
Side yard. Except for corner lots, there shall be two side yards
and no side yard shall be less than six feet provided that the aggregate
width of the two side yards combined must be a minimum of 15 feet.
4.Â
Rear yard. There shall be a rear yard of at least 25 feet.
5.Â
Minimum lot width: 30 feet.
6.Â
Minimum lot area: 5,000 square feet.
7.Â
Maximum lot coverage shall not exceed 45% of the total lot area.
8.Â
Parking. There shall be two parking spaces or each unit or Residential
Site Improvement Standards for parking.
[Ord. No. 2013-14]
a.Â
Purpose and establishment.
Borough Council recognizes that human creativity is critical
to the Borough's future economic success. Arts and culture-related
businesses and organizations add cultural and economic diversity to
the Borough; enhance the lives of the Borough's residents and visitors
and positively impact the Borough's economy by generating jobs and
revenue and retaining a competitive workforce. Thus, in Council's
opinion, it is important to encourage co-location of arts and culture-related
businesses and organizations within a defined Arts and Cultural District
within the Borough, thereby enhancing those businesses and organizations
to more effectively promote their common interests. Council further
believes that the location of arts and culture-related businesses
and organizations within close proximity within the Borough will encourage
the growth of creative industries, as well as complementary businesses,
thus increasing the overall economic activity within the District
and other neighboring areas.
Therefore, an Arts and Cultural District is hereby established in the Borough of Bound Brook, the purpose of which is to increase awareness and support for arts, culture, and the creative economy in the Borough of Bound Brook, especially within the area designated as the Bound Brook Arts and Cultural District as particularly described in Section 21-10.22b below.
b.Â
District boundaries and date established.
The boundaries of the Bound Brook Arts and Cultural District
are as set forth on the map entitled "Bound Brook Arts and Cultural
District," as maintained in the Bound Brook Zoning Office, the provisions
of which map are incorporated fully herein by reference. The designation
of the area as an Arts and Cultural District shall not in any respect
override any applicable City Code regulatory requirements including,
but not limited to zoning regulations, fire code, nuisance, and building
and property maintenance codes.
c.Â
Examples of arts and culture-related businesses and organizations.
Examples of arts and culture-related businesses and organizations
include:
1.Â
A for-profit business or not-for-profit organization that presents
live performances of theatre, dance, music, or other imaginative work
and/or produces or exhibits physical works created by, or under the
direction of one or more artists, which are intended for unique production
or limited reproduction, including for-profit businesses and not-for-profit
organizations involved in instruction of arts and cultural forms.
2.Â
A for-profit business or not-for-profit organization that offers
a technical and/or administrative support function to the operation
of an arts and cultural activity: marketing; public relations; graphic
design and publishing; booking and travel services; IT, internet and
social media services; consulting and planning services for arts and
cultural activity; provision of technical equipment and expertise
related to arts performance and presentation.
3.Â
Museums or historic sites, the primary mission of which is education,
history, or historic preservation, shall also qualify as arts and
culture organizations.
4.Â
General consumer-oriented food retailers such as restaurants, cafes,
coffee and tea shops, delicatessens and food courts.
5.Â
A "creative economy business" whose primary economic activities are
the generation or utilization of innovation, knowledge and information
involving individual creativity, skill and talent which activities
have a potential for wealth and job creation through the generation
of ideas, products and/or services. Standard categories may include,
but are not limited to: advertising, architecture, art and antiques,
designing computer games or software, culinary arts, crafts, design,
designer fashion, film and video, music, performing arts, theatre,
publishing, TV and radio.
[Added 9-12-2017 by Ord.
No. 2017-28]
a.Â
The following sites are hereby designated as historic landmarks,
in accordance with the recommendation of the Bound Brook Historic
Preservation Commission:
|
Old Stone Arch Bridge
Railroad Avenue approximately 194 feet east of Main Street
Bound Brook Borough, Somerset County, New Jersey
|
|
Brook Theater
10 Hamilton Street
Block 12, Lot 10.01
Bound Brook Borough, Somerset County, New Jersey
|
|
Bound Brook Railroad Station
Main Street and the foot of Hamilton Street
Block 1, Lot 68
Bound Brook Borough, Somerset County, New Jersey
|
b.Â
The properties listed in paragraph a of this Section 21-10.23 shall be identified on the Borough Zoning Map as Bound Brook historic landmarks and shall be noted as such on the records for those properties as maintained by the Borough, including by the Planning and Zoning Board of Adjustment and the offices of Zoning Officer, Construction Official, Tax Assessor and Borough Clerk.
a.Â
Statutory authorization; findings of fact, purpose, methods of reducing
flood losses.
1.Â
The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1,
et seq., delegated the responsibility to local governmental units
to adopt regulations designed to promote public health, safety, and
general welfare of its citizenry. Therefore, the governing body of
Borough of Bound Brook, of New Jersey does ordain as follows:
2.Â
Findings of fact.
(a)Â
The flood hazard areas of Borough of Bound Brook are subject
to periodic inundation which results in loss of life and property,
health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect
the public health, safety, and general welfare.
(b)Â
These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazard which increase flood heights and
velocities, and when inadequately anchored, damage uses in other areas.
Uses that are inadequately floodproofed, elevated or otherwise protected
from flood damage also contribute to the flood loss.
3.Â
Statement of purpose. It is the purpose of this subsection to promote
the public health, safety, and general welfare, and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed:
(a)Â
To protect human life and health;
(b)Â
To minimize expenditure of public money for costly flood control
projects;
(c)Â
To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public;
(d)Â
To minimize prolonged business interruptions;
(e)Â
To minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines, streets,
bridges located in areas of special flood hazard;
(f)Â
To help maintain a stable tax base by providing for the second
use and development of areas of special flood hazard so as to minimize
future flood blight areas;
(g)Â
To ensure that potential buyers are notified that property is
in an area of special flood hazard; and
(h)Â
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
4.Â
Methods of reducing flood losses. In order to accomplish its purposes,
this subsection includes methods and provisions for:
(a)Â
Restricting or prohibiting uses which are dangerous to health,
safety, and property due to water or erosion hazards, or which result
in damaging increases in erosion or in flood heights or velocities;
(b)Â
Requiring that uses vulnerable to floods including facilities
which serve such uses, be protected against flood damage at the time
of initial construction;
(c)Â
Controlling the alteration of natural flood plains, stream channels,
and natural protective barriers, which help accommodate or channel
flood-waters;
(d)Â
Controlling filling, grading, dredging, and other development
which may increase flood damage; and
(e)Â
Preventing or regulating the construction of flood barriers
which will unnaturally divert floodwaters or which may increase flood
hazards in other areas.
b.Â
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
DEVELOPMENT
ELEVATED BUILDING
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
FLOOD PLAIN MANAGEMENT REGULATIONS
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(a)Â
(b)Â
(c)Â
(d)Â
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
RECREATIONAL VEHICLE
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(a)Â
(b)Â
VARIANCE
Definitions. Unless
specifically defined below, words or phrases used in this subsection
shall be interpreted so as to give them the meaning they have in common
usage and to give this subsection its most reasonable application.
A request for a review of the Construction Official's interpretation
of any provision of this subsection or a request for a variance.
A designated AO, AH, or VO Zone on a community's Digital
Flood Insurance Rate Map (DFIRM) with a one-percent-annual or greater
chance of flooding to an average depth of one to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
The land in the flood plain within a community subject to
a one-percent or greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
Any area of the building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials located within the area of special
flood hazard.
A non-basement building (i) built in the case of a building
in an area of special flood hazard to have the top of the elevated
floor elevated above the ground level by means of piling, columns
(posts and piers), or shear walls parallel to the flow of the water,
and (ii) adequately anchored so as not to impair the structural integrity
of the building during a flood up to the magnitude of the base flood.
In an area of special flood hazard "elevated building" also includes
a building elevated by means of fill or solid foundation perimeter
walls with openings sufficient to facilitate the unimpeded movement
of floodwaters.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Insurance Rate Map(s)
and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a flood plain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such State or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
two-tenths-foot.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a State inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement is not considered a building's lowest floor provided that
such enclosure is not built so to render the structure in violation
of other applicable nonelevation design requirements.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle."
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after the effective date of a floodplain regulation adopted
by a community and includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the flood plain management regulations adopted by the municipality.
A vehicle which is [i] built on a single chassis; [ii] 400
square feet or less when measured at the longest horizontal projections;
[iii] designed to be self-propelled or permanently towable by a light
duty truck; and [iv] designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348) includes
substantial improvements and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site such
as the pouring of a slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation,
such as clearing, grading and filling nor does it include the installation
of streets and/or walkways, nor does it include excavation for a basement,
footings or piers, or foundations or the erection of temporary forms,
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank, that is principally above ground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which exceeds 50% of the market value
of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage",
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
A grant of relief from the requirements of this subsection
that permits construction in a manner that would otherwise be prohibited
by this subsection.
c.Â
General provisions.
1.Â
Lands to which this subsection applies. This subsection shall apply
to all areas of special flood hazards within the jurisdiction of the
Borough of Bound Brook, Somerset County, New Jersey.
2.Â
Basis for establishing the areas of special flood hazard. The areas
of special flood hazard for the Borough of Bound Brook, Community
No. 340430, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
(a)Â
A scientific and engineering report "Flood Insurance Study,
Somerset County, New Jersey (All Jurisdictions)" dated September 28,
2007.
(b)Â
Flood Insurance Rate Map for Somerset County, New Jersey (All
Jurisdictions) as shown on Index and panel numbers 0158, 0159, 0166,
0167; whose effective date is September 28, 2007.
|
The above documents are hereby adopted and declared to be a
part of this subsection. The Flood Insurance Study and maps are on
file at 230 Hamilton Street, Bound Brook, NJ 08805-2017.
|
3.Â
Penalties for noncompliance. No structure or land shall hereafter
be constructed, located, extended, converted, or altered without full
compliance with the terms of this subsection and other applicable
regulations. Violation of the provisions of this subsection by failure
to comply with any of its requirements (including violations of conditions
and safeguards established in connection with conditions) shall constitute
a misdemeanor. Any person who violates this subsection or fails to
comply with any of its requirements shall upon conviction thereof
be fined not more than $2,000 or imprisoned for not more than 180
days, or both, for each violation, and in addition shall pay all costs
and expenses involved in the case. Nothing herein contained shall
prevent the Borough of Bound Brook from taking such other lawful action
as is necessary to prevent or remedy any violation.
4.Â
Abrogation and greater restrictions. This subsection is not intended
to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this subsection and other ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
6.Â
Warning and disclaimer of liability. The degree of flood protection
required by this subsection is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights
may be increased by man-made or natural causes. This subsection does
not imply that land outside the area of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages.
This subsection shall not create liability on the part of the
Borough of Bound Brook, any officer or employee thereof or the Federal
Insurance Administration, for any flood damages that result from reliance
on this subsection or any administrative decision lawfully made thereunder.
d.Â
Development permit.
1.Â
Establishment of development permit. A development permit shall be
obtained before construction or development begins within any area
of special flood hazard established in paragraph c,2. Application
for a development permit shall be made on forms furnished by the Construction
Official and may include, but not be limited to; plans in duplicate
drawn to scale showing the nature, location, dimensions, and elevations
of the area in question; existing or proposed structures, fill, storage
of materials, drainage facilities; and the location of the foregoing.
Specifically, the following information is required:
(a)Â
Elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures;
(b)Â
Elevation in relation to mean sea level to which any structure
has been floodproofed.
(c)Â
Certification by a registered professional engineer or architect
that the floodproofing methods for any nonresidential structure meet
the floodproofing criteria in paragraph e,2(b); and
(d)Â
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
2.Â
Designation of the local administrator. The Construction Official
is hereby appointed to administer and implement this subsection by
granting or denying development permit applications in accordance
with its provisions.
3.Â
Duties and responsibilities of the administrator. Duties of the Construction
Official shall include, but not be limited to:
(a)Â
Permit review.
(1)Â
Review all development permits to determine that
the permit requirements of this subsection have been satisfied.
(2)Â
Review all development permits to determine that
all necessary permits have been obtained from those Federal, State
or local governmental agencies from which prior approval is required.
(3)Â
Review all development permits to determine if
the proposed development is located in the floodway, assure that the
encroachment provisions of paragraph e,3(1) are met.
(b)Â
Use of other base flood and floodway data. When base flood elevation
and floodway data have not been provided in accordance with paragraph
c,2, Basis for Establishing the Areas of Special Flood Hazard, the
Construction Official shall obtain, review, and reasonably utilize
any base flood elevation and floodway data available from a Federal,
State or other source, in order to administer paragraphs e,2(a), Specific
Standards, Residential Construction, and e,2(b), Specific Standards,
Nonresidential Construction.
(c)Â
Information to be obtained and maintained.
(1)Â
Obtain and record the actual elevation (in relation
to mean sea level) of the lowest floor (including basement) of all
new or substantially improved structures, and whether or not the structure
contains a basement.
(3)Â
Maintain for public inspection all records pertaining
to the provisions of this subsection.
(d)Â
Alteration of watercourses.
(1)Â
Notify adjacent communities and the New Jersey
Department of Environmental Protection, Dam Safety and Flood Control
Section and the Land Use Regulation Program prior to any alteration
or relocation of a watercourse, and submit evidence of such notification
to the Federal Insurance Administration.
(2)Â
Require that maintenance is provided within the
altered or relocated portion of said watercourse so the flood carrying
capacity is not diminished.
(e)Â
Interpretation of FIRM boundaries. Make interpretations where
needed, as to the exact location of the boundaries of the areas of
special flood hazards (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). The person
contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in paragraph
d,4.
4.Â
Variance procedure.
(a)Â
Appeal Board.
(1)Â
The Planning Board shall hear and decide appeals
and requests for variances from the requirements of this subsection.
(2)Â
The Planning Board shall hear and decide appeals
when it is alleged there is an error in any requirement, decision,
or determination made by the Construction Official in the enforcement
or administration of this subsection.
(3)Â
Those aggrieved by the decision of the Planning
Board, or any taxpayer, may appeal such decision to the Superior Court
of New Jersey, as provided in New Jersey Statutes, including, but
not limited to, N.J.S.A. 40:55D-1 et seq., including, N.J.S.A. 40:55D-17h
and 18.
(4)Â
In passing upon such applications, the Planning
Board, shall consider all technical evaluations, all relevant factors,
standards specified in other sections of this ordinance, and:
(i)Â
The danger that materials may be swept onto other
lands to the injury of others;
(ii)Â
The danger to life and property due to flooding
or erosion damage;
(iii)Â
The susceptibility of the proposed facility and
its contents to flood damage and the effect of such damage on the
individual owner;
(iv)Â
The importance of the services provided by the
proposed facility to the community;
(v)Â
The necessity to the facility of a waterfront location,
where applicable;
(vi)Â
The availability of alternative locations for
the proposed use which are not subject to flooding or erosion damage;
(vii)Â
The compatibility of the proposed use with existing
and anticipated development;
(viii)Â
The relationship of the proposed use to the
comprehensive plan and flood plain management program of that area;
(ix)Â
The safety of access to the property in times
of flood for ordinary and emergency vehicles;
(x)Â
The expected heights, velocity, duration, rate
of rise, and sediment transport of the floodwaters and the effects
of wave action, if applicable, expected at the site; and
(xi)Â
The costs of providing governmental services during
and after flood conditions, including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical, and water
systems, and streets and bridges.
(5)Â
Upon consideration of the factors of paragraph
d,4(a)(4) and the purposes of this subsection, the Planning Board
may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this subsection.
(6)Â
The Construction Official shall maintain the records
of all appeal actions, including technical information, and report
any variances to the Federal Insurance Administration upon request.
(b)Â
Conditions for variances.
(1)Â
Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot of 1/2 acre or
less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing items (i-xi) in
paragraph d4(a)(4) have been fully considered. As the lot size increases
beyond the 1/2 acre, the technical justification required for issuing
the variance increases.
(2)Â
Variances may be issued for the repair or rehabilitation
of historic structures upon a determination that the proposed repair
or rehabilitation will not preclude the structure's continued designation
as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(3)Â
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
(4)Â
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(5)Â
Variances shall only be issued upon:
(i)Â
A showing of good and sufficient cause;
(ii)Â
A determination that failure to grant the variance
would result in exceptional hardship to the applicant; and
(iii)Â
A determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public as identified in paragraph
d,4(a)(4), or conflict with existing local laws or ordinances.
(6)Â
Any applicant to whom a variance is granted shall
be given written notice that the structure will be permitted to be
built with a lowest floor elevation below the base flood elevation
and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
e.Â
Provisions for flood hazard reduction.
1.Â
General standards. In all areas of special flood hazards the following
standards are required:
(a)Â
Anchoring.
(1)Â
All new construction and substantial improvements
shall be anchored to prevent flotation, collapse, or lateral movement
of the structure.
(2)Â
All manufactured homes shall be anchored to resist
flotation, collapse or lateral movement. Methods of anchoring may
include, but are not to be limited to, use of over-the-top or frame
ties to ground anchors. This requirement is in addition to applicable
State and local anchoring requirements for resisting wind forces.
(b)Â
Construction materials and methods.
(c)Â
Utilities.
(1)Â
All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system;
(2)Â
New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the systems and discharge from the systems into floodwaters;
(3)Â
On-site waste disposal systems shall be located
to avoid impairment to them or contamination from them during flooding;
and
(4)Â
Electrical, heating, ventilation, plumbing and
air-conditioning equipment and other service facilities shall be designed
and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
(d)Â
Subdivision proposals.
(1)Â
All subdivision proposals shall be consistent with
the need to minimize flood damage;
(2)Â
All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical, and water systems located
and constructed to minimize flood damage;
(3)Â
All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage; and
(4)Â
Base flood elevation data shall be provided for
subdivision proposals and other proposed development which contain
at least 50 lots or five acres (whichever is less).
(e)Â
Enclosure openings. All new construction and substantial improvements
having fully enclosed areas below the lowest floor that are usable
solely for parking of vehicles, building access or storage in an area
other than a basement and which are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum
criteria: A minimum of two openings having a total net area of not
less than one square inch for every square foot of enclosed area subject
to flooding shall be provided. The bottom of all openings shall be
no higher than one-foot above grade. Openings may be equipped with
screens, louvers, or other covering or devices provided that they
permit the automatic entry and exit of floodwaters.
2.Â
Specific standards. In all areas of special flood hazards where base
flood elevation data have been provided as set forth in paragraph
c,2, Basis for Establishing the Areas of Special Flood Hazard or in
paragraph d,3(b), Use of Other Base Flood Data, the following standards
are required:
(a)Â
Residential construction.
(1)Â
New construction and substantial improvement of
any residential structure shall have the lowest floor, including basement,
elevated to or above base flood elevation;
(2)Â
Require within any AO Zone on the municipality's
FIRM that all new construction and substantial improvement of any
residential structure shall have the lowest floor, including basement,
elevated above the highest adjacent grade at least as high as the
depth number specified in feet (at least two feet if no depth number
is specified). And, require adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures.
(b)Â
Nonresidential construction.
(1)Â
New construction and substantial improvement of
any commercial, industrial or other nonresidential structure shall
either have the lowest floor, including basement, elevated to the
level of the base flood elevation; or
(2)Â
Require within any AO Zone on the municipality's
FIRM that all new construction and substantial improvement of any
commercial, industrial or other nonresidential structure shall either
have the lowest floor, including basement, elevated above the highest
adjacent grade at least as high as the depth number specified in feet
(at least two feet if no depth number is specified). And, require
adequate drainage paths around structures on slopes to guide floodwaters
around and away from proposed structures; or together with the attendant
utilities and sanitary facilities, shall:
(3)Â
Be floodproofed so that below the base flood level
the structure is watertight with walls substantially impermeable to
the passage of water;
(4)Â
Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy; and
(5)Â
Be certified by a registered professional engineer
or architect that the design and methods of construction are in accordance
with accepted standards of practice for meeting the applicable provisions
of this subsection. Such certification shall be provided to the official
as set forth in paragraph e,3(c)(2).
(c)Â
Manufactured homes.
(1)Â
Manufactured homes shall be anchored in accordance
with paragraph e,1(a)(2).
(2)Â
All manufactured homes to be placed or substantially
improved within an area of special flood hazard shall be elevated
on a permanent foundation such that the top of the lowest floor is
at or above the base flood elevation.
3.Â
Floodways. Located within areas of special flood hazard established
in paragraph c,2 are areas designated as floodways. Since the floodway
is an extremely hazardous area due to the velocity of floodwaters
which carry debris, potential projectiles, and erosion potential,
the following provisions apply:
(a)Â
Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless a technical evaluation
demonstrates that encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
(b)Â
If paragraph e,3(1) is satisfied, all new construction and substantial
improvements must comply with paragraph e, Provisions for Flood Hazard
Reduction.
(c)Â
In all areas of special flood hazard in which base flood elevation
data has been provided and no floodway has been designated, the cumulative
effect of any proposed development, when combined with all other existing
and anticipated development, shall not increase the water surface
elevation of the base flood more than 0.2 of a foot at any point.
[Ord. No. 04-12 § 21-10.19]
Prior to the issuance of any building permit or certificate
of occupancy for any use in the district within the Borough of Bound
Brook, the applicant shall submit evidence to the Zoning Officer or
the approving authority in connection with the site plan review shown
in compliance with the applicable approval procedures of all authorized
governmental agencies and with the following regulations:
a.Â
Fire and explosion hazards. All activities shall be carried on structures
which conform to the standards of the National Board of Fire Underwriters
or the Township Construction Code and Fire Prevention Code, whichever
is more restrictive. All operations shall be carried on, and all combustible
raw materials, fuels, liquids and finished products shall be stored,
in accordance with the standards of said Board of Fire Underwriters.
b.Â
Radioactivity. Any activity which emits radioactivity at any point
outside the confines of a building is prohibited.
c.Â
Smoke. There shall be no emission of visible smoke at any point from
any chimney or other location.
d.Â
Fly ash dust, fumes, vapors, gases. There shall be no emission which
can cause damage to health, to animals or vegetation or other forms
of property or which can cause any excessive soiling at any point.
Emission of any solid or liquid particles in concentrations exceeding
0.2 grains per cubic foot of the conveying gas or air at any point
is prohibited. For measurement of the amount of particles in gases
resulting from combustion, correction shall be applied to a standard
stack temperature of 500° F. and 50% excess air.
e.Â
Liquid or solid wastes.
1.Â
No industrial operation shall discharge untreated industrial wastes
of any kind into any reservoir, stream, ditch, pond or detention or
retention system. Effluents shall at all times comply with the following
standards:
(a)Â
Maximum five-day biochemical oxygen demand: five parts per million.
(b)Â
Maximum quality of effluent: 10% of minimum daily stream flow.
(c)Â
Maximum five-day biochemical oxygen demand after dilution (BOD
of effluent, multiplied by quantity of effluent, divided by quantity
of stream flow): 0.25 part per million.
(d)Â
Maximum total solids: 5,000 parts per million.
(e)Â
Maximum phenol: 0.01 part per million.
2.Â
No effluent shall contain any other acids, oils, dust, toxic metals,
corrosive or other toxic substance in solution or suspension which
would create odors or discolor, poison or otherwise pollute the stream
in any way. The discharge and disposal of solid and liquid wastes
into an underground drainage field shall be in accordance with plans
and specifications as approved by the Borough Engineer and State and
local boards of health.
f.Â
Vibration. Air-induced vibration shall be limited to the sound-pressure
levels permitted under the paragraph below. No ground-transmitted
vibration shall be generated which is discernible to the human sense
beyond the immediate site on which such use is conducted.
g.Â
Noise. There shall be no operational noise, measured from any point
on the property line of the lot in which the operation is located,
which shall exceed the value given in the following tables in any
octave band of frequency. The sound-pressure level shall be measured
with a sound-level meter that conforms to specifications published
by the American Standard Sound-Level Meters for Measurement of Noise
and Other Sounds Z24.3-1944, American Standards Association, Inc.,
New York, New York, as may be updated.
1.Â
During the hours from 7:00 a.m. to 7:00 p.m. prevailing time:
|
Frequency Band in Cycles per Second
|
Sound Pressure Level Decibels re 0.0002 dyne/cm2
|
|---|---|
|
0 - 75
|
75
|
|
75 - 150
|
60
|
|
150 - 300
|
54
|
|
300 - 600
|
48
|
|
600 - 1,200
|
45
|
|
1,200 - 2,400
|
42
|
|
2,400 - 4,800
|
39
|
|
Above 4,800
|
36
|
2.Â
During the hours from 7:00 p.m. to 7:00 a.m. prevailing time:
|
Frequency Band in Cycles per Second
|
Sound Pressure Level Decibels re 0.002 dyne/cm2
|
|---|---|
|
0 - 75
|
65
|
|
75 - 150
|
50
|
|
150 - 300
|
44
|
|
300 - 600
|
38
|
|
600 - 1,200
|
35
|
|
1,200 - 2,400
|
32
|
|
2,400 - 4,800
|
29
|
|
Above 4,800
|
26
|
[Ord. No. 04-12 § 21-10.20; Ord. No. 2008-05; Ord.
No. 2014-06; amended 6-22-2021 by Ord. No. 2021-016]
|
Zone
|
Minimum Area
(square feet)
|
Minimum Width
|
F/Y
|
SY
|
RY
|
Impervious Coverage
|
Height
|
|---|---|---|---|---|---|---|---|
|
R-1
|
40,000
|
180'
|
50'
|
25/60
|
75'
|
25%
|
2Â 1/2 stories - 35'
|
|
R-2
|
15,000
|
100'
|
50'
|
12/30
|
50'
|
40%
|
2Â 1/2 stories - 35'
|
|
R-3
|
6,000
|
50'
|
30'
|
6/20
|
25'
|
50%
|
2Â 1/2 stories - 35'
|
|
R-4
|
5,000
|
50'
|
30'
|
6/15
|
25'
|
60%
|
2Â 1/2 stories - 35'
|
|
NB/R[1]
|
5,000
|
50'
|
25'
|
10/20
|
40'
|
65%
|
2Â 1/2 stories - 35'
|
|
R-6
|
5,000
|
—
|
30'
|
25
|
25'
|
65%
|
2Â 1/2 stories - 35'
|
|
B-1
|
—
|
—
|
20'
|
0
|
10'
|
80%
|
2Â 1/2 stories - 35'
|
|
B/R
|
See Subsection 2-10.15
| ||||||
|
O-B
|
11,250
|
75'
|
30'
|
10/20
|
50'
|
50%
|
3 stories - 45'
|
|
IP
|
3 acres
|
—
|
25'
|
25/50
|
50'
|
65%
|
35'
|
|
RB-1
|
120,000
|
100'
|
75'
|
50'
|
50'
|
60%
|
40'
|
|
RB/SR
|
See Subsection 21-10.18
| ||||||
|
R-1.1 (single-family)
|
See Subsection 21-10.20
| ||||||
|
R-1.1 (one-family)
|
See Subsection 21-10.21
| ||||||
|
ACD
|
See Subsection 21-10.22
| ||||||
|
Redevelopment Zone — See Redevelopment Plan and Ordinance.
|
[1]
Editor's Note: The NB/R District was repealed 6-27-2023 by Ord. No. 2023-028 and incorporated into the Business/Residential (B/R) District.
[Added 7-13-2021 by Ord.
No. 2021-017]
Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16),[1] all cannabis establishments, cannabis distributors or
cannabis delivery services are hereby prohibited from operating anywhere
in the Borough of Bound Brook, except for the delivery of cannabis
items and related supplies by a licensed cannabis delivery service
based and initiated from a cannabis delivery service licensed location
outside of the Borough of Bound Brook.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[Ord. No. 04-12 § 2-11.1]
There shall be included in any site plan or multi-family housing
development an indoor or outdoor recycling area for the collection
and storage of generated recyclable materials. The following is required
for recycling facilities.
a.Â
Recycling area location. The recycling area shall be conveniently
located for the residential disposition of source separated recyclable
materials, preferably near, but clearly separated from, a refuse dumpster.
b.Â
Recycling area accessibility and security. The recycling area shall
be well lit, and shall be safely and easily accessible by recycling
personnel and vehicles.
c.Â
Protection against adverse environmental conditions. The recycling
area or the bins or containers which are located in an outdoor recycling
area, shall be equipped with a lid, or otherwise covered, so as to
keep the paper or cardboard dry.
d.Â
Signage. Signs clearly identifying the recycling area and the materials
accepted therein shall be posted adjacent to all points of access
to the recycling area.
[Ord. No. 04-12 § 2-11.2]
Landscaping and fencing shall be provided around any outdoor
refuse or recycling area.
[Ord. No. 04-12 § 21-12.1]
Pursuant to Chapter 291, Laws of N.J. 1975, there is hereby
established an Official Map for the Borough which is titled, "Official
Map Borough of Bound Brook, New Jersey" and dated October 31, 1999.[1]
[1]
Editor's Note: The Official Map can be found on file at the
Office of the Municipal Clerk.
[Ord. No. 04-12 § 21-12.2]
The approval by the Borough by ordinance under the provisions
of any law other than as contained in this section of the layout,
widening, changing the course of or closing of any street, or the
widening or changing the course of any public drainageway or changing
the boundaries of a flood control basin or public area, shall be subject
to the relevant provisions of this chapter and P.L. 1975, Chapter
291.
[Ord. No. 04-12 § 21-12.3]
For the purpose of preserving the integrity of the Official
Map of the Borough, no permit shall be issued for any building or
structure in the bed of any street or public drainageway, flood control
basin or public area as shown on the Official Map, or shown on a plat
filed pursuant to this chapter before adoption of the Official Map.
[Ord. No. 04-12 § 21-12.4]
No permit for the erection of any building or structure shall
be issued unless the lot abuts a street giving access to such proposed
building or structure. Such street shall have been duly placed on
the Official Map or shall be: a) an existing state, county or Borough
street or highway, or b) a street shown upon a plat approved by the
Planning Board, or c) a street or a plat duly filed in the office
of the County Recording Officer prior to the passage of this chapter
or any prior law which required prior approval of plats by the governing
body or other authorized body. Before any such permit shall be issued,
such street shall have been certified to be suitably improved to the
satisfaction of the governing body, or such suitable improvement shall
have been assured by means of a performance guarantee, in accordance
with standards and specifications for road improvements approved by
the governing body, as adequate in respect to the public health, safety
and general welfare of the special circumstances of the particular
street.
[Ord. No. 04-12 § 21-12.5]
Where the enforcement of Subsection 21-12.4 would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structures to be related to a street, the Board may upon application or appeal, vary the application of Subsection 21-12.4 and direct the issuance of a permit subject to conditions that will provide adequate access for fire fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the Official Map or on a general Circulation Plan Element of the Borough Master Plan.
[Ord. No. 04-12 § 21-13.1]
a.Â
The governing body shall enforce this chapter and may require directly
or delegate the authority to require the issuance of specified permits,
certificates or authorizations as a prerequisite to:
b.Â
Office created. Pursuant to this provision, there is hereby created
the office of the Zoning Officer of the Borough. The terms of office
shall be one year, but the first term shall commence upon the effective
date of this chapter and shall expire December 31 of the same year.
Thereafter every appointment shall be made for the calendar year.
A vacancy for the office shall be filled for the unexpired term only.
c.Â
Duties of zoning officer. It shall be the duty of the Zoning Officer to enforce § 21-10 and pursuant to that duty to investigate any violation or alleged violation of § 21-10 coming to his attention, whether by complaint of third persons or from his own personal knowledge or observation. When any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of any provision of § 21-10, it shall be the duty of the Zoning Officer to proceed with the enforcement of this section and the penalties provided for hereunder. He/she may also pursue such other statutory method or methods, heretofore or hereafter provided, as may be open to him/her.
In the enforcement of § 21-10, the Zoning Officer may apply to the Municipal Court Judge of the Borough for a warrant to search and inspect the properties and premises upon which he/she has reason to believe any violation of this section has taken or is taking place, and upon probable cause shown, the Municipal Court Judge may issue such a warrant and the information obtained pursuant thereto shall be admissible as evidence in any court of competent jurisdiction for the purpose of proving any case for violation of this chapter.
[Ord. No. 04-12 § 21-13.2]
In case any building or structure is erected, constructed, altered,
repaired, converted or maintained, or any building, structure or land
is used in violation of this chapter, the proper local authorities
as contained herein or an interested party may institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
to restrain, correct or abate such violation, to prevent the occupancy
of said building, structure or land, or to prevent any illegal act,
conduct, business or use in or about such premises. Each and every
day such violation continues after the expiration of an abatement
notice or after initial construction, as the case may be, shall be
deemed a separate and distinct violation.
[Ord. No. 04-12 § 21-13.3]
The owner or user of any building or structure, lot or land
or part thereof, where anything in violation of this chapter shall
be placed or shall exist, and any architect, builder, contractor,
agent, person or corporation employed in connection therewith and
who assists in the commission of such violation shall each be guilty
of a separate misdemeanor and upon conviction thereof shall be liable
to a minimum fine of at least $100 for each violation up to a maximum
of $2,000 or to imprisonment for not more than 90 days, or to both
such fines and imprisonment.
[Ord. No. 04-12 § 21-14.1]
In case any section, subsection or provision of this chapter
shall be held invalid in any court, the same shall not affect any
other section, subsection or provision of this chapter, except so
far as the section, subsection or portion so declared invalid shall
be inseparable from the remainder or any portion thereof.
[Ord. No. 04-12 § 21-14.2]
With the adoption of this chapter, the following ordinances
are repealed in their entirety; The Planning Board Ordinance and Subdivision
Ordinance. Any and all other Borough ordinances or parts thereof in
conflict with or inconsistent with any of the terms of this chapter
are hereby repealed to such extent as they are so in conflict or inconsistent,
provided, however, that the adoption of this chapter shall not prevent
or bar the continuance or institution of any proceedings for offenses
heretofore committed in violation of any existing ordinances of the
Borough.
[Ord. No. 04-12 § 21-14.3]
This chapter shall take effect immediately after passage and
publication in the manner provided by law.
[Ord. No. 2021-03, 2-23-2021[1]]
a.Â
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
b.Â
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection 21-15.2.
c.Â
d.Â
Compatibility with other permit and ordinance requirements.
1.Â
Development approvals issued pursuant to this section are to be considered
an integral part of development approvals and do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act, or ordinance.
In their interpretation and application, the provisions of this section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare.
2.Â
This section is not intended to interfere with, abrogate, or annul
any other ordinances, rule or regulation, statute, or other provision
of law except that, where any provision of this section imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, the more restrictive provisions or higher
standards shall control.
[1]
Editor's Note: This ordinance also repealed former Section
21-15, Stormwater Control, adopted by Ord. No. 06-04.
[Ord. No. 2021-03, 2-23-2021]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
coastal planning areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Commissioners to review
municipal stormwater management plans and implementing ordinances.
The county review agency may either be:
The Department of Environmental Protection.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
The division of a parcel of land into two or more parcels, the
construction, reconstruction, conversion, structural alteration, relocation
or enlargement of any building or structure, any mining excavation
or landfill, and any use or change in the use of any building or other
structure, or land or extension of use of land, for which permission
is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et
seq.
In the case of development of agricultural land, "development"
means: any activity that requires a state permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and in conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A 55:19-69.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual development, as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021, or the effective date of this section,
whichever is earlier; or
A combination of Paragraphs a2 and 3 above that totals an area
of 1/4 acre or more. The same surface shall not be counted twice when
determining if the combination area equals 1/4 acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Paragraphs a1, 2, 3, or 4 above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered "major development."
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation, including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection 21-15.4f of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, ground waters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or
Quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
[Ord. No. 2021-03, 2-23-2021]
a.Â
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
1.Â
The minimum standards for erosion control are those established under
the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
2.Â
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b.Â
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules.
Note: Alternative standards shall provide at least as much protection
from stormwater-related loss of groundwater recharge, stormwater quantity
and water quality impacts of major development projects as would be
provided under the standards in N.J.A.C. 7:8-5.
[Ord. No. 2021-03, 2-23-2021]
a.Â
The development shall incorporate a maintenance plan for the stormwater
management measures incorporated into the design of a major development
in accordance with Subsection 21-15.10.
b.Â
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
c.Â
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection 21-15.4p, q and r:
1.Â
The construction of an underground utility line, provided that the
disturbed areas are revegetated upon completion;
2.Â
The construction of an aboveground utility line, provided that the
existing conditions are maintained to the maximum extent practicable;
and
3.Â
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
d.Â
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection 21-15.4o, p, q and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1.Â
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
2.Â
The applicant demonstrates, through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection 21-15.4o, p, q and r to the maximum extent practicable;
3.Â
The applicant demonstrates that, in order to meet the requirements of Subsection 21-15.4o, p, q and r, existing structures currently in use, such as homes and buildings, would need to be condemned; and
4.Â
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection 21-15.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection 21-15.4o, p, q and r that were not achievable on site.
e.Â
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection 21-15.4o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
f.Â
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this section, the
BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate (percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table (feet)
|
|
Cistern
|
0
|
Yes
|
No
|
--
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
--
|
|
Manufactured treatment device(a) (g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60-80
|
No
|
No
|
--
|
|
(Notes corresponding to annotations (a) through (g) are found
following Table 3.)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate (percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table (feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b) through (d) are found following Table
3.)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate (percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table (feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40-60
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
|
Wet pond
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation
specified at Subsection 21-15.4o2.
|
|
(b)
|
Designed to infiltrate into the subsoil.
|
|
(c)
|
Designed with underdrains.
|
|
(d)
|
Designed to maintain at least a 10-foot-wide area of native
vegetation along at least 50% of the shoreline, and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation.
|
|
(e)
|
Designed with a slope of less than 2%.
|
|
(f)
|
Designed with a slope of equal to or greater than 2%.
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection 21-15.2.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection 21-15.2.
|
g.Â
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection 21-15.6b. Alternative stormwater management measures may be used to satisfy the requirements at Subsection 21-15.4o only if the measures meet the definition of "green infrastructure" at Subsection 21-15.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection 21-15.4o2 are subject to the contributory drainage area limitation specified at Subsection 21-15.4o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection 21-15.4o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 21-15.4d is granted from Subsection 21-15.4o.
h.Â
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
i.Â
Design standards for stormwater management measures are as follows:
1.Â
Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; flood-prone areas; slopes; depth to seasonal
high water table; soil type, permeability, and texture; drainage area
and drainage patterns; and the presence of solution-prone carbonate
rocks (limestone);
2.Â
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection 21-15.8c;
3.Â
Stormwater management measures shall be designed, constructed, and
installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
4.Â
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection 21-15.8; and
5.Â
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2Â 1/2 inches in diameter.
j.Â
Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection 21-15.2 may be used only under the circumstances described at Subsection 21-15.4o4.
k.Â
Any application for a new agricultural development that meets the definition of "major development" at Subsection 21-15.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection 21-15.4o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
l.Â
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 21-15.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
m.Â
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 21-15.4o, p, q and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection 21-15.10b5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
n.Â
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection 21-15.4 of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the office of the County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection 21-15.4m above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection 21-15.4m above.
o.Â
Green infrastructure standards.
1.Â
This subsection specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards.
2.Â
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection 21-15.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection 21-15.4f and/or an alternative stormwater management measure approved in accordance with Subsection 21-15.4g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
4.Â
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 21-15.4d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection 21-15.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 21-15.4p, q and r.
5.Â
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection 21-15.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with Subsection 21-15.4d.
p.Â
Groundwater recharge standards.
1.Â
This subsection contains the minimum design and performance standards
for groundwater recharge as follows.
2.Â
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection 21-15.5, either:
(a)Â
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual preconstruction groundwater recharge volume for the site; or
(b)Â
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from preconstruction to post-construction
for the two-year storm is infiltrated.
3.Â
This groundwater recharge requirement does not apply to projects
within the urban redevelopment area, or to projects subject to Subsection
21-15.4p4 below.
4.Â
The following types of stormwater shall not be recharged:
(a)Â
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with a Department-approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(b)Â
Industrial stormwater exposed to source material. "Source material"
means any material(s) or machinery, located at an industrial facility,
that is directly or indirectly related to process, manufacturing or
other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
q.Â
Stormwater runoff quality standards.
1.Â
This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
2.Â
Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(a)Â
Eighty percent TSS removal of the anticipated load, expressed
as an annual average, shall be achieved for the stormwater runoff
from the net increase of motor vehicle surface.
(b)Â
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
3.Â
The requirement to reduce TSS does not apply to any stormwater runoff
in a discharge regulated under a numeric effluent limitation for TSS
imposed under the New Jersey Pollutant Discharge Elimination System
(NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt
under an NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with Subsection 21-15.4q2 above, unless the major development is itself
subject to an NJPDES permit with a numeric effluent limitation for
TSS or the NJPDES permit to which the major development is subject
exempts the development from a numeric effluent limitation for TSS.
4.Â
The water quality design storm is 1.25 inches of rainfall in two
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
5.Â
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B) / 100
|
|
Where
|
|
R = total TSS percent load removal from application
of both BMPs.
|
|
A = the TSS percent removal rate applicable to the
first BMP
|
|
B = the TSS percent removal rate applicable to the
second BMP.
|
6.Â
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection 21-15.4p, q and r.
7.Â
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
8.Â
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
9.Â
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3i,
runoff from the water quality design storm that is discharged within
a 300-foot riparian zone shall be treated in accordance with this
subsection to reduce the post-construction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
10.Â
These stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
r.Â
Stormwater runoff quantity standards.
1.Â
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
2.Â
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection 21-15.5, complete one of the following:
(a)Â
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
(b)Â
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the preconstruction condition, in the
peak runoff rates of stormwater leaving the site for the two-, ten-
and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)Â
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the preconstruction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)Â
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with Subsection 21-15.4r2(a), (b) and (c) above is required
unless the design engineer demonstrates through hydrologic and hydraulic
analysis that the increased volume, change in timing, or increased
rate of the stormwater runoff, or any combination of the three, will
not result in additional flood damage below the point of discharge
of the major development. No analysis is required if the stormwater
is discharged directly into any ocean, bay, inlet, or the reach of
any watercourse between its confluence with an ocean, bay, or inlet
and downstream of the first water control structure.
3.Â
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or receiving
storm sewer system.
[Ord. No. 2021-03, 2-23-2021]
a.Â
Stormwater runoff shall be calculated in accordance with the following:
1.Â
The design engineer shall calculate runoff using one of the following
methods:
(a)Â
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b)Â
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The Rational and Modified Rational
Methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
2.Â
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the preconstruction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. The term "runoff coefficient" applies to both the NRCS
methodology above at Subsection 21-15.5a1(a) and the Rational and
Modified Rational Methods at Subsection 21-15.5a1(b). A runoff coefficient
or a groundwater recharge land cover for an existing condition may
be used on all or a portion of the site if the design engineer verifies
that the hydrologic condition has existed on the site or portion of
the site for at least five years without interruption prior to the
time of application. If more than one land cover have existed on the
site during the five years immediately prior to the time of application,
the land cover with the lowest runoff potential shall be used for
the computations. In addition, there is the presumption that the site
is in good hydrologic condition (if the land use type is pasture,
lawn, or park), with good cover (if the land use type is woods), or
with good hydrologic condition and conservation treatment (if the
land use type is cultivation).
3.Â
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes. In computing
stormwater runoff from all design storms, the design engineer shall
consider the relative stormwater runoff rates and/or volumes of pervious
and impervious surfaces separately to accurately compute the rates
and volume of stormwater runoff from the site. To calculate runoff
from unconnected impervious cover, urban impervious area modifications
as described in the NRCS Technical Release 55 - Urban Hydrology for
Small Watersheds or other methods may be employed.
4.Â
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
b.Â
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf;
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Ord. No. 2021-03, 2-23-2021]
a.Â
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
1.Â
Guidelines for stormwater management measures are contained in the
New Jersey Stormwater Best Management Practices Manual, as amended
and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
2.Â
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
b.Â
Submissions required for review by the Department should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
[Ord. No. 2021-03, 2-23-2021]
a.Â
Site design features identified under Subsection 25-15.4f above, or alternative designs in accordance with Subsection 21-15.4g above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 21-15.7a2 below.
1.Â
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)Â
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
(b)Â
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension. Examples of grates subject
to this standard include grates in grate inlets, the grate portion
(non-curb-opening portion) of combination inlets, grates on storm
sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater system
floors used to collect stormwater from the surface into a storm drain
or surface water body.
(c)Â
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
2.Â
The standard in Subsection 21-15.7a1 above does not apply:
(a)Â
Where each individual clear space in the curb opening in the
existing curb-opening inlet does not have an area of more than 9.0
square inches;
(b)Â
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)Â
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(1)Â
A rectangular space 4.625 inches long and 1.5 inches wide (this
option does not apply for outfall netting facilities); or
(2)Â
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1].
(d)Â
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(e)Â
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Ord. No. 2021-03, 2-23-2021]
a.Â
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
b.Â
The provisions of this section are not intended to preempt more stringent
municipal or county safety requirements for new or existing stormwater
management BMPs. Municipal and county stormwater management plans
and ordinances may, pursuant to their authority, require existing
stormwater management BMPs to be retrofitted to meet one or more of
the safety standards in Subsection 21-15.8c1, 2 and 3 for trash racks,
overflow grates, and escape provisions at outlet structures.
c.Â
Requirements for trash racks, overflow grates and escape provisions.
1.Â
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the stormwater management BMP to
ensure proper functioning of the BMP outlets in accordance with the
following:
(a)Â
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)Â
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)Â
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)Â
The trash rack shall be constructed of rigid, durable, and corrosion-resistant
material and designed to withstand a perpendicular live loading of
300 pounds per square foot.
2.Â
An overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an overflow grate, such grate
shall meet the following requirements:
(a)Â
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)Â
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)Â
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
3.Â
Stormwater management BMPs shall include escape provisions as follows:
(a)Â
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection 21-15.8c, a freestanding outlet structure may be exempted from this requirement;
(b)Â
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2Â 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection 21-15.8e for an illustration of safety ledges in a stormwater management BMP; and
(c)Â
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
d.Â
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
e.Â
Safety ledge illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
[Ord. No. 2021-03, 2-23-2021]
a.Â
Submission of site development stormwater plan.
1.Â
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection 21-15.9c below as part of the submission of the application for approval.
2.Â
The applicant shall demonstrate that the project meets the standards
set forth in this section.
b.Â
Site development stormwater plan approval. The applicant's site development
project shall be reviewed as a part of the review process by the municipal
board or official from which municipal approval is sought. That municipal
board or official shall consult the municipality's review engineer
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
section.
c.Â
Submission of site development stormwater plan. The following information
shall be required:
1.Â
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map, as appropriate, may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
2.Â
Environmental site analysis. A written and graphic description of
the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
3.Â
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings, roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
4.Â
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections 21-15.3 through 21-15.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5.Â
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)Â
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)Â
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6.Â
Calculations.
(a)Â
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection 21-15.4 of this section.
(b)Â
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on on-site boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.Â
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection 21-15.10.
8.Â
Waiver from submission requirements. The municipal official or board
reviewing an application under this section may, in consultation with
the municipality's review engineer, waive submission of any of the
requirements in Subsection 21-15.9c1 through 6 of this section when
it can be demonstrated that the information requested is impossible
to obtain or it would create a hardship on the applicant to obtain
and its absence will not materially affect the review process.
[Ord. No. 2021-03, 2-23-2021]
b.Â
General maintenance.
1.Â
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
2.Â
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3.Â
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
4.Â
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
5.Â
If the party responsible for maintenance identified under Subsection
21-15.10b3 above is not a public agency, the maintenance plan and
any future revisions based on Subsection 21-15.10b7 below shall be
recorded upon the deed of record for each property on which the maintenance
described in the maintenance plan must be undertaken.
6.Â
Preventative and corrective maintenance shall be performed to maintain
the functional parameters (storage volume, infiltration rates, inflow/outflow
capacity, etc.) of the stormwater management measure, including, but
not limited to, repairs or replacement to the structure; removal of
sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of nonvegetated linings.
7.Â
The party responsible for maintenance identified under Subsection
21-15.10b3 above shall perform all of the following requirements:
(a)Â
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)Â
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)Â
Retain and make available, upon request by any public entity
with administrative, health, environmental, or safety authority over
the site, the maintenance plan and the documentation required by Subsection
21-15.10b6 and 7 above.
8.Â
The requirements of Subsection 21-15.10b3 and 4 do not apply to stormwater
management facilities that are dedicated to and accepted by the municipality
or another governmental agency, subject to all applicable municipal
stormwater general permit conditions, as issued by the Department.
Note: It may be appropriate to delete requirements in the maintenance
and repair plan that are not applicable if the ordinance requires
the facility to be dedicated to the municipality. If the municipality
does not want to take this responsibility, the ordinance should require
the posting of a two-year maintenance guarantee in accordance with
N.J.S.A. 40:55D-53. Maintenance and inspection guidance can be found
on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.
9.Â
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 days to effect maintenance and repair of the facility in a
manner that is approved by the Municipal Engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
c.Â
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Ord. No. 2021-03, 2-23-2021]
Any person who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure of land in violation of
this section shall be subject, upon conviction thereof, to a fine
of not more than $2,000, or incarceration for a period not to exceed
90 days, or both such fine and imprisonment, in the discretion of
the Municipal Judge.
